Wills & Estates

Wills & Estates

Our experienced team at Boettcher Law can help you plan for the future. We take a holistic approach to ensure that your assets are protected and distributed to your intended beneficiaries.

Boettcher Law understands that estate planning can often be a sensitive and confronting process. We aim to look after you and make you feel comfortable from the beginning until the end, giving you peace of mind throughout.

We pride ourselves on providing plain-English, practical advice that achieves your estate planning objectives. Get in touch with Boettcher Law today to book a consultation with our solicitors.

Wills and estate planning

Estate planning is more than just drafting a Will or granting powers of attorney. It includes developing a plan that aims to minimise tax and safeguard and protect your wealth against potential claims.

Boettcher Law is experienced in dealing with wide range of estate planning needs, ranging from your simple Will to complicated business and trust structures. We work with your professional advisors to minimise tax obligations and ensure your legacy is protected from bankruptcy or relationship breakdowns.

We assist people in the protection of their assets to ensure that they are passed on to your intended beneficiaries. We provide practical advice to ensure your needs are met.

Having an up-to-date Will with a solid estate plan is the best way to protect your assets and ensure that your wishes are properly fulfilled.

Careful thought and planning need to go into making a Will. It often eases the burden of your family in dealing with your estate after your death. It involves more than just thinking about who you want to leave your assets to.

Unfortunately, we have seen the effects of not having an up-to-date Will and estate plan on family members. Costly legal disputes can be emotionally and financially draining. Making a Will and reviewing it regularly is the most considerate thing you can do to for those who matter to you most in life. Contact Boettcher Law today to help you achieve your estate planning objectives.

Powers of Attorney

A Power of Attorney is a legal document that allows you to appoint someone to make decisions on your behalf, especially if you no longer have the capacity to do so.

An Enduring Power of Attorney (EPOA) is a document often used as part of a proper estate plan. This document continues even if you have lost the capacity to make decisions for yourself.

An EPOA allows an attorney to exercise a range of decision-making powers on your behalf. This usually includes having the power to deal with property matters (including financial matters), health care, personal care and medical research matters. Given the breadth of powers that can be exercised on your behalf, it is important to select an attorney that you trust.

Boettcher Law understands that this can be a difficult process for people to go through. The experienced and considerate team at Boettcher Law are here to help you navigate this process and ensure your EPOA is effective and up-to-date so that you can have peace of mind.

Trusts

A trust is a legal relationship between a trustee, who manages and administers the trust, and the beneficiary, who benefits from the trust.

Trusts can be set up during a person’s lifetime by a written agreement, or by Will, which takes effect upon the person’s death. Trusts that are created in Wills are known as ‘testamentary trusts’.

Boettcher Law can provide tailored advice to suit your needs by drafting trusts that suit your particular needs.

Setting up a trust has many benefits, such as:

  • Better carrying out your estate plan;
  • Potential tax benefits and greater flexibility in tax planning and distributing the trust’s capital and income;
  • Better protection of your assets for your beneficiaries from particular claims, including creditors and relationship breakdowns; and
  • Complimenting your business needs.

Boettcher Law can help you create a trust to better protect your assets and provide you with commercial legal advice that best suits your situation.

Deceased estate administration

Attending to the administration of a deceased estate can be complicated and stressful for beneficiaries and executors.

Boettcher Law aims to take the stress away from clients by providing timely and practical advice in a sympathetic manner. Our team has the experience, compassion and dedication to deal with all aspects of an estate and navigate the process on your behalf. We pride ourselves on finalising estates in a practical and efficient manner so that the assets can be distributed to beneficiaries as quickly as possible.

Executors have a range of duties that are owed to beneficiaries of an estate. Executors must ensure that that they administer the deceased person’s assets in an effective and efficient manner. We assist and advise you in fulfilling these duties to help ease the burden.

Estate matters that have international aspects are often dealt with by Boettcher Law. Our experience in this area ensures that executors are fully aware of their rights and responsibilities with estates finalised as quickly as possible despite complicated circumstances.

 

 

 

Contested estates

Sometimes estate matters require mediation or court intervention in order to reach a resolution. Our principal is a qualified mediator, and these skills greatly assist clients in obtaining a commercial legal solution. We have experience representing executors and applicants in relation to contested estates.

These disputes often occur when emotions are wrought as you are grieving the loss of a loved one. Boettcher Law provides sensitive and pragmatic advice to you during this difficult time.

International wills & estates

Boettcher Law specialises in providing advice regarding international wills and estates.

International Wills are important to consider if you have assets outside of Australia. Having an International Will can save your family time and money when attempting to retrieve your assets from overseas. Three independent witnesses are required to witness your signature to an International Will. One of them must be a solicitor or notary public.

Boettcher Law has a notary public who can witness your Will.

International estates can be complicated. Boettcher Law has helped a wide variety of clients help finalise complicated international estates. Boettcher Law’s principal, Uwe Boettcher, is regularly appointed as an administrator to finalise international estates. Boettcher Law specialises in providing tailored and pragmatic advice in estates that have German and Austrian elements. We have fluent German-speaking solicitors who can communicate with you in German to help make the process smoother.

Contact Boettcher Law today to discuss drafting an International Will or finalising your international estate.

 

 

Business and Commercial

Residential conveyancing

Buying or selling residential property can be both an exciting and stressful time. Whether you are selling your family home, buying or selling your investment property, or buying your first home, Boettcher Law will assist you navigate the process in a timely, stress-free manner.

If you want to sell your property and need a marketing contract, or have made an offer on your dream property that has been accepted, we are ready to help. Our team will help guide you through the process of exchanging contracts up until the day of settlement. We are on your side and will take care of the legal side of things so you can focus on whats most important.

Whilst there are many things you need to consider when purchasing a property, Boettcher Law will provide you with the timely and accurate advice you need to make decisions. We will keep you informed throughout every step of the process.

Commercial real estate and conveyancing

Boettcher Law provides you with pragmatic and tailored advice whether you are looking to buy or sell commercial real estate. We specialise in providing effective and prompt commercial solutions to any legal problems that arise during a transaction.

We take a holistic approach to your transaction, and can assist you with any due diligence requirements or taxation consequences that arise. We are strong and commercial negotiators that always act to protect your interests throughout a transaction. We draft and review any contracts or agreements with diligence to ensure you understand your rights and obligations. Boettcher Law excels at dealing with financial institutions and other third parties to ensure your bases are covered right through to the day of settlement.

Commercial leasing

Whether you are a landlord or tenant, Boettcher Law focuses on understanding your business to ensure that you are receiving what you bargained for. Commercial leasing can create extensive legal responsibilities on either party so we ensure that you are aware of your obligations when it comes to leasing a commercial property.

Boettcher Law can draft and review any lease or licence with diligence to ensure you understand your rights and obligations. We provide you with tailored advice covering all aspects of a transaction, including company structures, taxation issues, the permitted purpose of using the land. We aim to protect your interests and ensure that you understand your obligations under the agreement and legislation.

 

Our core practice areas include

Mediation & commercial dispute resolution

Public Interest