Preserve Your Legacy Protect Your Family’s Future

A Family Provision Claim allows certain people (e.g. children, spouses, ex-partners) to contest a Will if they believe they’ve been left out or not provided for adequately.

To reduce the risk:

✅ Use inter vivos structures like discretionary or Family Protection Trusts.

✅ Keep assets outside the estate.

✅ Document clear reasons for exclusions.

✅ Regularly update your Will and Enduring Powers of Attorney.

✅ Effective planning reduces court risk and ensures your intentions are honoured.

Yes, but it must be carefully structured. If you gift assets:

✅ Capital Gains Tax (CGT) may apply.

✅ Deprivation rules under Centrelink may be triggered.

In bankruptcy, the “clawback” period can be up to 5 years for related-party transfers under the Bankruptcy Act.

Using a Deed of Gift, loan-back strategies, or establishing a Family Trust to make structured distributions are safer approaches. Always seek tailored advice before gifting high-value assets.

An EPOA allows someone you trust to make financial, legal, and personal decisions if you lose capacity.

Without it:

✅ Your family may need to apply to a tribunal for control (costly and public).

✅ Business and trust decisions may be stalled.

✅ Distributions from trusts or control of companies may be lost.

For business owners and trustees, we also recommend an EPOA linked to a Successor Director clause or control of family trusts to prevent control falling into the wrong hands.