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TPAV Journal - The Police Association Victoria

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LEGAL ADVICE<br />

Protect what matters to you most<br />

with a watertight succession plan<br />

Wills and succession planning specialist Rod Cunich of Slater & Gordon Lawyers<br />

discusses the intricacies of succession planning where drawing up a will is just<br />

the beginning.<br />

Whether through accident,<br />

disease or death, the day<br />

will come when you can no<br />

longer personally provide<br />

for the financial, health<br />

and emotional wellbeing of those you love.<br />

<strong>The</strong>se issues are too important to leave to<br />

chance. fortunately, you can plan for that<br />

time and put structures in place to help<br />

secure their future.<br />

This process is called succession planning,<br />

sometimes called ‘estate planning’.<br />

A well-structured succession<br />

plan can give you great<br />

peace of mind that<br />

your loved ones will<br />

be provided for as<br />

you intended.<br />

Preparing a will is<br />

an integral part of any<br />

succession plan as it<br />

determines how your<br />

assets are to be divided<br />

in the event of your<br />

death. This may include<br />

physical belongings<br />

such as cash,<br />

clothes, jewellery,<br />

cars and the family<br />

home, as well as<br />

investments such as<br />

your superannuation<br />

or share portfolio. but there are many<br />

other factors to consider. <strong>The</strong>se may<br />

include the protection of inheritances<br />

should beneficiaries face a failed marriage,<br />

remarriage, bankruptcy, loss of mental<br />

incapacity, drug or gambling dependency,<br />

spending problems or family disputes. It<br />

might also include the minimisation of the<br />

tax burden for your beneficiaries once they<br />

take ownership of your property as well<br />

as deciding on guardians to care for your<br />

children if they are still minors when you<br />

pass away.<br />

36 Protect Represent Support. www.tpav.org.au<br />

Succession planning is not all about<br />

planning for the time you pass and the<br />

preparation of a will. It’s also about the here<br />

and now. To protect you, your family and<br />

your property, you should take into account<br />

problems that you, or they, may face during<br />

your lifetime such as a failed marriage,<br />

remarriage, bankruptcy, physical incapacity<br />

or loss of mental capacity.<br />

with the advice of a succession planning<br />

lawyer you can put legal safeguards in<br />

place to prepare for these and life’s other<br />

contingencies to ensure you and your loved<br />

ones will be provided for. In doing so, you will<br />

find security and certainty, not just for you,<br />

but for those you care about most.<br />

<strong>The</strong> legal components of succession<br />

planning are only part of your broader<br />

succession planning strategy. A well<br />

thought-out plan should include legal<br />

documents that are coordinated with<br />

your retirement, investment and wealth<br />

accumulation strategies.<br />

when there are several parties involved<br />

in your succession planning, including<br />

a number of professional advisors and<br />

family members with differing interests<br />

and objectives, it can be easy for waters<br />

to become muddied. Careful structuring<br />

and preparation of your plan and its proper<br />

documentation ensures each stage will be<br />

followed accurately in the years to come,<br />

minimising future disputes, and ensuring<br />

that all parties are on the same page. your<br />

succession planning lawyer can develop<br />

an integrated succession plan for you by<br />

working cooperatively with your<br />

accountant, financial planner<br />

and insurance advisor.<br />

Don’t be penny wise<br />

and pound foolish −<br />

spending time and<br />

money now on the right<br />

legal advice will save you<br />

and your family in the<br />

future.<br />

for further information<br />

about putting together<br />

a comprehensive<br />

succession plan, you can<br />

contact the <strong>Association</strong><br />

on 03 9468 2600 about<br />

making a time to speak with<br />

one of Slater & Gordon’s lawyers<br />

with expertise in this field.

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