Genders and Partners

Estate Planning for Every Business Owner

Wills and Estate Planning Adelaide: Estate Planning for Every Business Owner

Every business owner needs some basic estate planning documents, even if you are not married, have no-one financially dependent upon you, or your business is not worth much yet.   You should consider the potential value of your business, and recognise that it is dependent upon you  If you have a spouse, life partner, or children, you definitely need to consider estate planning documents to provide for what would happen if you die or become incapacitated.

Here are the documents you may need to obtain:

Enduring Power of Attorney

This document gives another person power (your agent) to handle your finances in your absence.  This may include paying your bills, negotiating a lease, dealing with employees, contractors & government departments, or working with your bank.  You can give your agent power immediately or only upon your incapacity.

Medical Power of Attorney

Everyone age 18 and over should have this document.  It names & empowers the person you want to make medical decisions for you, if you cannot do it for yourself.  Do yourself & your loved ones a BIG favour, and create this now.

Will

Your Will says who you want to receive your assets after you die, who should handle your affairs upon your passing, and who you want to be a guardian for your children.  This must be formally executed to be valid, typically with 2 witnesses, depending upon state law.  Everyone should have a Will.

Other Documents

Some of you may need other documents, such as discretionary trusts, property agreements, co-habitation agreements, pre-nuptial agreements, irrevocable trusts, special needs trusts, superannuation trusts or life insurance trusts.

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Asset Protection – Be Smart, Be Safe

Genders and Partners | Asset Protection – Be Smart, Be Safe | Wills and Estate Planning

Protecting your assets is one of the most important financial decisions you will ever make. Asset protection is a valuable and important part of a modern integrated estate plan. No matter how many assets you have, you should make an effort to protect them, but try to avoid these common mistakes:

1. Lack of Knowledge

Lots of people misunderstand how asset protection works. Some people believe asset protection makes them “judgment proof.” Even if your assets are protected, you may still cop an adverse court judgment. In some cases, efforts you have made to protect your assets can be overturned. This is why it is important to work with a professional when creating your protection plan.

Don’t make the mistake of assuming asset protection and estate planning are the same thing. Asset protection is part of any strong estate plan but they are not the same thing. Some trusts do nothing to protect you from creditors, and Family Court issues can interfere with the best-laid plans.

Don’t make the mistake of confusing bankruptcy law and asset protection law. In a state like South Australia, newer bankruptcy laws do not prevent the “clawing back” of assets you may have tried to unsuccessfully protect. You have less protection in bankruptcy court, so filing for bankruptcy should be used as a last resort.