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Helping Queenslanders since 1916. 2010/11 Seminar program Estate planning, Wills and legal matters.

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Presentation on theme: "Helping Queenslanders since 1916. 2010/11 Seminar program Estate planning, Wills and legal matters."— Presentation transcript:

1 Helping Queenslanders since 1916

2 2010/11 Seminar program Estate planning, Wills and legal matters

3 Our Services established in 1916 self-funding, does not cost the taxpayer 16 regional offices networked throughout Queensland - Outreach Services - Queensland Government agents and the - Clerk of the Courts - also at some Centrelink Offices.

4 The Public Trustee services Will making – 100% free Enduring Powers of Attorney and Advance Health Directives Administering Deceased Estates (we charge a competitive fee not a percentage for this service) assisting people with disabilities to manage their finances auctions – cars and properties.

5 Attorneys Who can be an Attorney? - Financial matters - When do the powers begin? - Personal/health matters - When do the powers begin? How many Attorneys can you have?

6 Attorneys If more than one, how do they decide? - jointly - severally (any attorney can decide) - majority (for example, two out of three) - successively.

7 Formal requirements for appointing an Attorney Appointment - capacity - understand the nature and effect of decisions - freely and voluntarily (without undue influence) - communicate decisions.

8 Formal requirements for appointing an attorney – the document The forms - short and long - clauses - commencement date - substitution - conflict of interest - consultation - accountability. – Cost - $156 per person.

9 Priority for financial decisions Enduring Power of Attorney Queensland Civil and Administrative Tribunal appoints an Administrator.

10 Priority for health decisions Advance Health Directive Attorney appointed for personal decisions Statutory Health Attorney Adult Guardian

11 Wills What is a Will? Who can make a Will? What is a valid Will? When should you make a Will? Do-it-yourself Wills.

12 Considerations in making your Will joint tenant/tenants in common investments and tax implications testamentary, discretionary, and charitable trusts such as Queensland Community Foundation (QCF) guardianship, contingency, legacy, and bequest clauses.

13 How do you select an Executor? an Executor is personally liable trustworthy expertise reliability impartiality remuneration

14 Executor’s responsibilities locate and examine a will protect assets and invest the assets determine debts and tax liabilities legal requirements e.g. probate

15 Executor’s responsibilities (continued) deal with the ATO and Centrelink establish lawful beneficiaries establish trusts and pay legacies distribute assets to beneficiaries prepare final financial statement ongoing management e.g. trusts.

16 Advantages of The Public Trustee Free Wills and safe document storage Experienced, permanent, secure, and impartial Free Wills and competitive fees for Enduring Powers of Attorney Responsible and accountable


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