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Why you need to think about estate planning
They say there are two things that are certain in life – taxes and death. Daunting as the latter may be, it is vital to devise an estate plan. All it takes is good advice, advanced planning and some serious thought. A complete estate plan will allow you to protect your hard-earned assets, determine who will make decisions on your behalf should you be unable to, and distribute certain assets to certain people. This benefits not only you, but also your family members who will not suffer financially or undergo irrevocable fallouts. We outline the various steps that need to be considered in estate planning below.
What counts as an ‘estate’?
All assets of any value constitute your “estate”. This includes property, business and farm interests, investments, superannuation, life insurance proceeds, personal property, art and other collectables, cash, antiques and so forth. Note: assets owned under a joint tenancy arrangement will pass to the surviving joint tenant(s) upon death.
Who needs to plan their estate?
The amount of planning required depends on your stage in life. If you have dependants, own anything of value or have financially complicated affairs, it is crucial to plan your estate. A plan should be reviewed periodically or when your circumstances change – such as when you buy a house, get married or divorced, have children or stepchildren, or go in or out of business.
Things to think about
You should formulate your estate plan by taking into consideration the fair market value of your assets, how you own them, how much income they produce, their growth potential, their liquidity, and which assets should be passed to specific individuals It is important to consider the following when you plan your estate:
Estate planning checklist
Use the checklist below to help clarify what you would like to happen to your estate:
What to do if you have a business
It is wise to consider succession planning in the aftermath of your death if you have a business. What will happen to your business when you die? Who will take over? Will your family be compensated for any stake in the business? Will the business continue or close? A good succession plan should prepare for any and all of these scenarios to ensure your business is managed according to your wishes and your family is financially secure.
If you want to sell your business, decide if you want to sell the shares in the company through which
the business operates, or only the assets of the business — there can be differing tax consequences from each. The tax consequences would differ yet again if the business structure is a trust or partnership rather than a company. Consult this office about the various options.
Remember also that the treatment of benefits from the super fund will need to be dealt with if there is a self-managed superannuation fund (SMSF) which includes business assets.
Talk to a professional
Sorting out the contents of your estate can be complicated – especially where family discretionary trusts, SMSFs, private companies, jointly held assets or other financial and personal interests are involved. It is recommended that you consult with a tax professional to ensure your assets are dealt with properly through an easily administered and comprehensive estate plan. Speak to this office if you need help with your estate planning.
DISCLAIMER:All information provided in this publication is of a general nature only and is not personal financial or investment advice. It does not take into account your particular objectives and circumstances. No person should act on the basis of this information without first obtaining and following the advice of a suitably qualified professional advisor. To the fullest extent permitted by law, no person involved in producing, distributing or providing the information in this publication (including Taxpayers Australia Incorporated, each of its directors, councilors, employees and contractors and the editors or authors of the information) will be liable in any way for any loss or damage suffered by any person through the use of or access to this information. The Copyright is owned exclusively by Taxpayers Australia Inc (ABN 96 075 950 284).