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HORNSBY WILLS AND ESTATES

A legal will and estate plan are essential for everyone, no matter whether you own a multimillion-dollar home in Warrawee or studio apartment in Waitara, have amassed an expansive investment portfolio or have a few dollars put away in a savings account. As the leading Hornsby lawyers, Stacks Collins Thompson offer experienced, compassionate guidance for all your estate planning needs.

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Deep expertise
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Practical advice not legalese
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MEET YOUR HORNSBY WILLS AND ESTATE PLANNING EXPERTS

David Thompson

Solicitor Director

Hornsby

“We understand that contemplating estate planning and making a will are sensitive topics which can arise at an emotional time for you and your family. Since 1979, our Hornsby solicitors have compassionately supported generations of local families to care for their loved ones, while also protecting their own wellbeing.”

Sydney’s leafy North Shore is renowned for being a great place to raise a family. Growing your family, and then passing the baton to others once your own children leave the nest, involves more than just keeping a roof over their heads.

It requires a legal plan for how your affairs are to be managed and who benefits once you are gone.

Stacks Collins Thompson have been the go-to Hornsby lawyers for generations of local families. We can support you to devise your will and estate plan, make informed decisions, including about guardianship and power of attorney, and keep these plans updated as your life and relationships change over time.

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Wills preparation

None of us really like to think about death. However, to ensure that our wishes are properly carried out and that our families are taken care of once we are gone, we need to put those wishes in writing.

Our expert Hornsby lawyers can support you to do exactly that. We can provide you with tailored advice and guidance on:

Making sure your will is legally valid – properly drawn up, signed and witnessed
Making sure your wishes are clearly expressed in your will
Having adequate provision for your spouse and children, or for any former spouse or any dependants
Tax matters concerning your estate, such as any possible capital gains tax (CGT) liabilities which might result from provisions you intend to make in your will
Choosing an executor
The best way to arrange your affairs

Estate planning

Estate planning is about more than just a will outlining who gets what once you’re gone. A detailed estate plan includes strategies to protect your assets while you are still alive and develop a lasting legacy for future generations.

As the legal experts in estate planning Hornsby locals have trusted for generations, we can offer you bespoke guidance on a range of matters, including:

Asset protection and risk minimisation
Business succession
Establishing trust funds
Insurances
Legal structures for investments
Superannuation
Taxation
Wills

Assisting with deceased estates

When a loved one passes away, especially if it was sudden, you may need urgent advice and support to navigate the legal and administrative process of a deceased estate.

With sensitivity and compassion during this difficult time, Stacks Collins Thompson can assist you with:

Administration of deceased estates
Representing your interests in a disputed estate or will dispute

Testamentary trusts

Testamentary trusts are an increasingly popular means of protecting assets and delivering tax benefits for the beneficiaries of a will.

Our expert Hornsby lawyers can offer expert guidance on:

Setting up testamentary trusts that best protects the inheritance of your loved ones
Protecting your children’s inheritance
Minimising your beneficiaries’ tax liabilities

Preparing powers of attorney and enduring powers of attorney

Choosing a Power of Attorney is an important decision. You must be able to trust that the person you appoint will act in your best interests.

The Hornsby wills and estates experts at Stacks Collins Thompson can guide you through the process and help you to:

Understand the legal ramifications of making this appointment
Decide whether a Power of Attorney or an Enduring Power of Attorney is the most appropriate for you
Choose the level of decision-making power and access to your finances that they have, and at what times they may act on your behalf
Prepare the Power of Attorney/Enduring Power of Attorney document accordingly

Guardianship

Guardianships are legal provisions to ensure that your wishes are carried out when you are unable to make decisions for yourself. There are different types of guardianships which you may need to consider.

Stacks Collins Thompson are the Hornsby lawyers with extensive experience in guardianship matters. We can support you with:

Making guardianship provisions for children aged under 18
Making guardianship provisions for someone in your care (such as an adult child with a disability)
Understanding and navigating a Guardianship Order made by the Children’s Court
Devising an Enduring Guardianship, authorising someone you trust to make decisions for you if you are sick or incapacitated, including medical decisions and living arrangements

Michelle Goddard

I have been using Stacks Law Hornsby for a number of years and the whole team from David, Kay & Tracey have been nothing but amazing. Nothing is ever a hassle, all legal questions are answered promptly and with all required information. They are upfront and honest, they are always available and do not delay responses. To have support of a great legal team when you are going through life’s big challenges makes it all so much easier. Thank you to David, Kay & Tracey for being a wonderful team to work with.

Perhaps Me

The firm and staff have been first rate professionals.

John Orr

Tracey and Kay and team do a great job supporting and executing the stressful job of buying and selling property. They first helped our son buy his first apartment, then us in our downsizing. We had good advice and guidance along the way, always available for questions, and pro-active in anticipating potential problems. We're very happy with the outcome, would use them again (except we're not going to move from our new home any time soon!). Would recommend them to anyone wanting a responsible and supportive conveyancer.

Peter Disney

Have been dealings with this company for many years, many different staff, on many topics from conveyancing to wills and guardianships. I have been nothing but impressed by their level of service and professionalism and advice, exceeding my expectations where other parties have not. I highly recommend them.

Scott Wilson

We recently used Stacks Collin’s Thompson for a settlement.
The service provided by Tracey Hussey was first rate, everything when without hitch.
I would highly recommend.

Jennifer Prowse

A huge thank you to Tracey for her kindness, speed and efficiency with our conveyancing. Tracey is very professional, knowledgeable and we would recommend her to everyone.

Kathryn

I would like to thank Tracey, Kay and the team for working with me in the purchase and sale of my properties. I felt supported throughout the entire process and appreciated their prompt and thorough responses. Thanks again.

Neil P

The staff at Stacks Collins Thompson were very helpful and professional in their dealings with me in the sale of my property at Eastwood. Everything was done very efficiently, without any problems.

Jeremy Claire Gluyas

Mr John Gooley was an agent of our first solicitor, in the end we gave him the brief as his clear and concise advice, was what I needed to hear( if not what i initially wanted). I was shown why my second choice was a better option. I feel I received proper legal advice, as opposed to what the representative thought I wanted to hear. A good outcome in an otherwise terrible situation. Thanks John and David.

Caz Holden

I am writing this letter to express my most sincere thanks for the most professional representation from Trina for my case and helping me in my time of need and being compassionate. I admire your composure, work ethic and your excellent representation for your company. I will not hesitate to use Stacks, Collins and Thompson in Hornsby for any future work needing to be addressed.

Kind Regards
Carol

FREQUENTLY ASKED QUESTIONS

What happens to my estate if I have not written a will when I pass away?

Wills are the only way we can be sure that what we own will be distributed in accordance with our wishes after we die.

In the absence of a legal will, the court will appoint an administrator to deal with your estate, which will be distributed according to intestacy rules. These prioritise the beneficiaries according to different classes.

For example, if there is no surviving spouse or children, they prescribe who the estate will then pass to, such as siblings, half-siblings, other relatives etc.

The Hornsby wills and estates experts at Stacks Collins Thompson can help you devise a will to outline your express wishes and keep it updated as your circumstances and relationships change over time.

What happens if I don’t have an estate plan?

The Succession Act prescribes the process for distributing a person’s estate in the absence of a will.

If you became unable to make personal decisions for yourself, and do not have an estate plan to address this situation, such as having an enduring guardian to make decisions in line with your wishes, your living situation and medical treatment may be different to what you would have wanted.

Put simply, a failure to get your estate planning in order means you may relinquish your decision-making power.

What kinds of things should my estate planning address?

Your estate planning should be tailored to your needs and circumstances. It should address:

Your lifestyle
Your retirement plans
Your business goals (eg who will succeed you)
Your tax position
Your plans for passing on your assets after you die
Strategies for dealing with unforeseen circumstances, such as chronic illness or relationship breakdowns within your family

Other considerations for your estate planning are asset protection strategies to address specific risks, including:

Litigation and non-compliance with various government regulations
Claims made by a former spouse or de facto partner following a relationship breakdown
Claims made by disgruntled business associates or employees
Claims arising out of a person suffering a serious illness

These risks can arise from circumstances that are not foreseeable and do not involve illegal or self-destructive conduct.

How do I know if I need asset protection as part of my estate planning?

Everyone should have strategies in place to protect their wealth, regardless of how much they own.

However, some people have a greater need of asset protection strategies than others, including:

The very wealthy
Those in the public eye, who can be seen as prime targets for overzealous litigators and regulators
People who have a concern or suspicion that they may face some form of legal, financial or medical difficulty in the near future.
Business owners or people who are engaged in a professional occupation, because any business owner or professional practitioner is at risk of being sued.

What are some examples of successful estate planning strategies?

There is no one-size-fits-all strategy for estate planning and asset protection. Each person’s unique circumstances need to be carefully reviewed and an appropriate strategy developed in line with those circumstances.

Strategies that are commonly used within estate planning are:

Strategic use of superannuation and insurance
Developing agreements to deal with the orderly succession of business ownership after critical events such as death, disability or voluntary retirement
Using companies and trusts to quarantine assets that involve an inherent degree of risk
Ensuring that active assets (eg a business) and passive assets (eg a share portfolio or real estate investment) are owned by different entities
Giving inherited wealth to your beneficiaries and receiving inherited wealth from your benefactors through testamentary trusts
Skilful use of debt and securities, particularly debt and securities involving companies and trusts in which you have an interest
Structuring the appointment of company directorships within a family group to limit the family group being exposed to risk arising out of directors’ liabilities

What is a Power of Attorney?

Power of Attorney is a legal document in which you appoint a person or trustee organisation of your choice to manage your property and financial affairs while you are still alive. This may be because you can no longer manage them yourself, or because you choose not to for any reason.

Importantly, you don’t lose control of your affairs – you can still manage them if you wish to, and you can revoke the Power of Attorney at any time.

What is an Enduring Power of Attorney?

Just like a general Power of Attorney, an Enduring Power of Attorney is a legal document in which you appoint a person or trustee organisation to manage your property and financial affairs while you are still alive.

However, the difference is that an Enduring Power of Attorney continues even if you lose the capacity to make decisions yourself (such as if you have dementia or suffer a serious stroke).

Practice manager

Hornsby

Phone Kay

Email Kay

Ethan Brightmore

Paralegal

Hornsby

Phone Ethan

Email Ethan

Find more experts

Stacks is the steady hand you can trust, the lawyers you know. The ones who care about where you’re from, what you’re going through and who treat you like a person, not just another case.

With the attention of one lawyer, backed by the expertise of many, we’re the only legal provider in Australia that gives businesses and everyday people access to expert legal services through a network of reputable local offices.

Legal challenges can feel confusing, even intimidating, but we know what you’re going through, we know the legal terrain, we view your case individually, and we can offer the care, reassurance and expertise to guide you every step of the way.

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No hidden fees

We’ll always be honest and upfront. We’ll look you straight in the eye and agree on a plan before moving forward.

Deep expertise

We know the ropes and our professionals have expertise specific to every legal situation—many are Accredited Specialists.

Practical advice not legalese

We speak clearly and directly, so you understand our advice and can make decisions with confidence.

Network of local offices

We’re local to wherever you are, and our offices are owned and operated by friendly, local professionals, proud of their communities.

Real client care

We genuinely care about our clients. It’s the core of who we are and has been since the first practice was opened by ER Stack on the NSW Mid-North Coast in 1931.

Progressive practise

We make the process easy for you with the latest tech to keep services cost effective—and you in control.

HORNSBY WILLS AND ESTATES

Make an enquiry and one of our team will be in touch

MEET YOUR HORNSBY WILLS AND ESTATE PLANNING EXPERTS

Wills preparation

Estate planning

Assisting with deceased estates

Testamentary trusts

Preparing powers of attorney and enduring powers of attorney

Guardianship

Reviews from our clients

FREQUENTLY ASKED QUESTIONS

What happens to my estate if I have not written a will when I pass away?

What happens if I don’t have an estate plan?

What kinds of things should my estate planning address?

How do I know if I need asset protection as part of my estate planning?

What are some examples of successful estate planning strategies?

What is a Power of Attorney?

What is an Enduring Power of Attorney?

What is an Enduring Guardianship?

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