Wills & Estate Planning

A Power of Attorney is a very important and powerful document.  It will allow someone known as your attorney to make financial decisions on your behalf when you are not able to or if you do not wish to do so.  It can also include provisions in circumstances where you have lost capacity to manage your finances such as illness, accident or old age.  Alternatively, you may simply appoint an Attorney at any time to act on your behalf because you have a busy lifestyle, or you have someone managing your financial and legal affairs on your behalf.

*Please note that it is preferable to incorporate your Power of Attorney into an estate package as listed above but if you are simply seeking a Power of Attorney the individual prices are listed below.

Individual: $440.00 (including GST)
Couple: $660.00 (including GST)

An Enduring Guardianship is an estate planning document that sets out your wishes in relation to your health and lifestyle.  Your loved ones will benefit from these as your wishes will be documented, and they can rely on this document when they are forced to make difficult end of life decisions for you.

These documents are often important in cases of elderly persons when they are dealing with health care providers or other agencies such as Meals on Wheels and where there are multiple family members to which they may need to discuss arrangements.   

This document gives your family peace of mind knowing that the person that is appointed as the enduring guardian knows that they have carried out your wishes in accordance with your very specific directions.

Individual: $440.00 (including GST)
Couple: $660.00 (including GST)

*Please note we recommend this document is prepared as part of a discounted estate planning package, see the price list above.

Cost: $330.00 (including GST)

This is the upfront charge to book in to start the process of Estate Planning.  If you proceed with any of our packages listed above then this amount is deducted from your final amount owing.

During this strategy meeting we will take your instructions and start to proceed to draft documents if you choose to do so.  Otherwise, we can simply provide advice to you and you may decide not to proceed.  Please note that this amount is only deducted from your estate planning package if you instruct us to prepare your documents immediately.  As your estate situation may change if your meeting has been held for more than 3 months you would need to book a fresh Estate Planning meeting in order for us to prepare documents on your behalf as we need to ensure your circumstances have not changed and that your instructions are still current.

When dealing with situations of a deceased estate if one or more beneficiaries seek to retain the property a Transmission Application is generally used.  This allows a register from the executor/administrator/beneficiary/next of kin as owner of the deceased’s land and it enables a transfer of title as instructed.

This is all performed in New South Wales and other states using an online service.  Our office uses PEXA. 

Our lump sum fee for registering of a Transmission Application includes:

• Performing a title search;
• Meeting with you where necessary or performing virtual identity verification;
• Preparing your Client Authorisation form;
• Preparing a Revenue NSW Transferee Declaration form if required;
• Preparation of the Transmission Application Dealing for uploading on the portal;
• Requesting consent from the mortgagee (such as your bank) if applicable;
• Completing the Notice of Sale;
• Transacting on your behalf using the online settlement platform;
• Lodging the Transmission Application on the PEXA workspace;
• Notifying relevant authorities in regard to the change of ownership, this may include Council and Strata Managers.
• Providing you with a Registration Confirmation Statement via email.

Our costs are: $1,100.00 (including GST)
Plus disbursements payable for the PEXA platform of approximately $400.00

We can assist after the death of a loved one if you own a property as joint tenants with someone who has passed away and you simply need to transfer over to your name.   This generally occurs for married and de facto couples.   All of our fees are included in the lump sum below and include:

• Performing the title search;
• Meeting with you or conducting a virtual identity check;
• Preparation of the Verification of Identity Certificate with certified copies of your identification where needed;
• Preparing the Client Authorisation form;
• Preparing a Notice of Death form;
• Requesting consent from any mortgage (such as your bank) where required;
• Completing Notice of Sale;
• Transacting on your behalf of the PEXA settlement platform in NSW and other states;
• Lodging Notice of Death on the PEXA workspace platform;
• Notifying relevant authorities of the change of ownership including local Council and Strata Managers if applicable.
• Providing you with a registration confirmation email where requested.

Our costs are: $1,100.00 (including GST)
Plus approximately $400.00 for disbursements

Deed of Family Arrangement

Deeds are commonly prepared in estate matters and occur in circumstances where all beneficiaries under a Will are adults, have full mental capacity and agree then they may have the Will altered after the death of the testator by entering into a formal Deed of Family Arrangement.

This document generally outlines the agreement between parties and is frequently used where one or more parties prefer to keep a property for example as opposed to liquidating the asset pursuant to the Will.

The Deed of Family Arrangement document outlines the agreement and it is drafted to coincide with the express consent of all parties who have an interest in the inheritance.  All parties must agree, and they must agree that they want to alter the terms of the Will.

This document can also be prepared in matters where there is a dispute over the Will and the effected parties are able to reach a compromise without going to court.

Our fee for drafting of the deed as a lump sum
for the preparation of the document only: $3,300.00 (including GST)

Please note if there are any negotiations or court proceedings then fees are payable in addition to the above charge.  The lump sum fee relates to drafting of the Deed of Agreement only and does not involve any negotiations involved in the dispute itself.

Estate planning –  How to develop an estate planning strategy to deal with your assets in the event of your death

Estate Planning – Capital Gains Tax