Trusts, Superannuation & Estate Management

Trusts, Superannuation & Estate Management involves asset structuring and strategies, probate law, estate litigation and Will disputes, requiring lawyers who understand it’s not just business it’s personal.

We provide discreet, practical advice and offer personal and business solutions to preserve or enhance business value, manage family assets and disputes and create wealth for future generations.

Proper planning means ensuring assets are not unnecessarily exposed in the event of some unforeseen event and managing your wealth to meet your needs and wishes.

Personal bankruptcy can occur for a variety of reasons including business failure, economic downturn, poor business management, litigation, industrial action, natural disasters, a personal health crisis, loss of key staff, disputes between business partners, failure to protect key assets and regulatory action arising from a failure to comply with some legal requirement. It can also occur as a result of an unexpected incident or series of events.

MatthewsFolbigg can help you to achieve peace of mind with a tax effective estate plan.

We provide a seamless service and, where appropriate, draw upon the expertise and experience of lawyers from other areas of the firm.

The team also works closely with other professional advisers, including accountants, financial planners, investment advisers and private bankers, to manage and transfer wealth seamlessly to meet client objectives.

What our clients say about our Parramatta based firm

“When it came time to review our estate planning needs I was seeking a solicitor who was able to understand the holistic needs of my business and family. I was also seeking a firm large enough to have expertise in a range of specialist legal areas whilst not losing the personal touch. The MatthewsFolbigg team has been committed to supporting me.”

Ian Gray
Hamilton Gray Property Services

“I have used the Estate Planning group of MatthewsFolbigg on a number of occasions for my clients who have sophisticated estate planning requirements. My clients have been impressed with the personal attention provided, the quality of outcome and the speed of service by MatthewsFolbigg.”

Philip McCoy
Estate Planners Australia Pty Ltd

Our services

Asset protection

Corporate, trust and business structures
Family disputes
Asset and liability management

Business succession planning

Asset and business succession and control
Succession documentation for trusts and companies
Inter-generational transfer of asset control and ownership
Family and governance agreements and constitutions
Management buy outs

Charitable giving

Gifting
Private Ancillary Funds
Special purpose philanthropic entities and funds

Deceased Estates

All aspects of the administration of a deceased estate (including Probate applications and applications for a grant of Letters of Administration, what to do if the deceased didn’t make a Will, dealing with disputes between beneficiaries, what to do if a Will is unclear)
Asking the Court to change a Will if you have been left out of a Will or if you feel you have been treated unfairly
Defending a challenge made by someone else to a Will

Estate planning and asset strategies

Testing the adequacy of your current Will
Drafting your new Will (including traditional Wills, tax effective testamentary trust Wills, setting up trusts for incapacitated beneficiaries, dealing with assets located overseas, dealing with the risk of a possible breakdown of a beneficiary's marriage or de facto relationship, making bequests to charities, putting arrangements in place to protect an inheritance if the beneficiary may be sued or may squander their inheritance)
Preparing a Codicil to an existing Will
Applications for Court authorised Wills for a person who is incapacitated and not able to make a Will for themself
Preparing the necessary documents to authorise someone else to make financial and non-financial decisions for you in the event you are unable to do so yourself
Managing the risk of someone asking the Court to change your Will or other estate planning document after you have died
Succession planning arrangements for your business (including Buy/Sell Agreements and advising on and drafting agreements between business participants)
Assessing any existing trusts you might have an interest in or control
Documenting your wishes for the upbringing of your children
putting the appropriate arrangements in place to ensure, as far as you are able, that your superannuation is distributed in accordance with your wishes after you have died;
choice of legal structure to use to acquire a new asset (including real estate, businesses, trade marks, leases) and drafting appropriate documents
changing the ownership of assets and disposing of assets (including advice as to taxation and stamp duty consequences) and drafting appropriate documents
Retirement Village Contracts
Advice on loans you have made in the past to your children and/or other people and what impact they have on your Will
Legal issues facing professionals (including medical practitioners, company directors, accountants, financial planners, engineers, management consultants, managers, surveyors and valuers); and the operation of the Bankruptcy Act

Self Managed Superannuation Funds ("SMSFs")

The establishment of a new SMSF
Amending the terms of an existing SMSF Deed
Updating an existing SMSF Deed
Changing the Trustee of a SMSF
Compliance advice for your SMSF
Instalment warrants and using borrowed funds by a SMSF to acquire assets
Binding death benefit nominations and other estate planning arrangements in relation to your entitlements in your SMSF