Wills, Estates and Trusts
We approach all estate and trust matters in a commercial way to achieve the best possible results for our clients. You have the comfort of dealing with accredited specialists who are recognised as preeminent lawyers in the field, backed by a full service commercial law firm. Fixed fee pricing options in estate planning matters provide you with the confidence that you are receiving the best quality advice, at a certain price.
We understand that working with individuals to administer estates and trusts, implement succession plans, or contest wills and estates, requires a commercial approach, a genuine interest in people and a detailed understanding of the law. Our personal approach of taking the time to know and understand our clients’ unique situations and objectives, coupled with our decades of experience, delivers commercial outcomes rapidly and smoothly.
We know that succession planning is about more than just making a will. It is about ensuring that the right assets end up with the right people at the appropriate time. We use testamentary discretionary trusts to preserve estate assets for the intended beneficiaries. For high net worth individuals with complex affairs, we advise on business succession planning, helping to establish appropriate family structures, and navigate asset protection and tax planning issues while ensuring that control of the family business passes as intended. We also assist in the preparation of family constitutions and the establishment and operation of family offices.
Estates are often complex and unique. In modern families and when businesses are involved, there are frequently disputes which arise given the varied and competing interests of the family members.
We assist with the collection of estate assets from various institutions and liaise with the estate’s creditors where appropriate. We specialise in family provision applications, equitable claims, constructive trusts, will and trust deed validation, interpretation and drafting of wills, cy pres applications, and advising on the rights of trustees and beneficiaries in relation to trusts. Our senior lawyers have been appointed as administrator in contested estates on numerous occasions and have acted as litigation guardian for infant beneficiaries.
Our team comprises a number of Accredited Specialists in Wills and Estates and has been recognised as leading experts in industry publications including Chambers and Partners, Doyle’s Guide and Best Lawyers.
Our Wills, Estates and Trusts team is an integral part of McR Private, providing tailored solutions to individuals, families and private businesses of all sizes. Whether it is protecting your business and personal wealth, growing and consolidating your business or planning for your personal and commercial needs for the future, McCullough Robertson is here to help protect, grow and plan with you.
To find out more, contact Scott Whitla or Phillip McGowan.
Experience
High net worth individual
Conducting a full estate planning review which not only assisted the family to clarify and codify their long standing charitable intentions, but also saved them some significant tax as part of the process.
Business owner with multiple entities
Assisting the client to have the court approve the existence of a long lost trust deed and to then restructure the business such that control of the business would pass to the intended family member.
Executors under fire
Acting to defend claims against an estate from not only disappointed family members who had been left out of the will, but from unhappy beneficiaries who were not being reasonable or commercial about the finalisation of the estate.