Ensuring Your Wishes Are Honored
Creating a Will to Secure your Families Future
One of the fundamental aspects of estate planning is understanding how wills and testamentary trusts function.
Let’s explore these concepts in detail:
- A will, often referred to as a last will and testament, is a legal document that outlines your wishes regarding the distribution of your assets and the care of any minor children after your death. Here’s how wills work
- Asset Distribution: Your will specifies how you want your property, investments, and personal belongings to be distributed among your beneficiaries.
- Executor: You appoint an executor in your will, who is responsible for carrying out your wishes as outlined in the document. This includes gathering your assets, paying any debts, and distributing property to beneficiaries.
- Guardianship: If you have minor children, your will can nominate guardians to care for them in the event of your death.
- Legal Requirements: Wills must meet certain legal requirements to be valid, including being in writing, signed by you (the testator), and witnessed by others who are not beneficiaries.
- Having a clear and legally sound will is crucial to ensuring that your estate is distributed according to your wishes, providing peace of mind for you and security for your loved ones.
Or Call 1800 861 616

Testamentary Trusts: preserving your legacy
- A testamentary trust is a trust that is established according to the terms of a will and comes into effect after the death of the person making the will (the testator). Here are key points about testamentary trusts:
- Purpose: Testamentary trusts are often used to manage assets for beneficiaries who may be minors, financially inexperienced, or who require ongoing support.
- Flexibility: They can be highly flexible, allowing you to specify conditions under which assets are distributed, such as reaching a certain age or achieving specific milestones.
- Tax Efficiency: Testamentary trusts can offer tax benefits, such as potential income splitting among beneficiaries, which may lead to reduced overall tax liabilities.
- Trustee: A trustee is appointed to manage the trust assets and administer them according to the terms set out in the will. This can be a person or a corporate trustee.
By establishing a testamentary trust, you can ensure that your assets are managed and distributed in a manner that aligns with your intentions and provides ongoing support and protection for your beneficiaries.
Consulting with Our Estate Planning Experts
At KALDE LEGAL, we understand that estate planning can be complex, and every individual’s situation is unique. We are here to guide you through the process of drafting a will and establishing testamentary trusts tailored to your specific needs and goals.
Contact us today to schedule a consultation and take the first step toward securing your legacy and protecting your loved ones’ future.
Or Call 1800 861 616
Contact Us
Life as a Solicitor
Life as a Solicitor When Shakespeare wrote in Henry VI ‘first…kill all the lawyers,’ he was writing at a time where the monarch reigned supreme, and laws were quite literally the dictates of the ruler of the day – sometimes formulated at the whim of the king or queen....
Sale of Business Free Book
Eric Kalde is the author of over 30 practice guides published through the leading Australian legal publishers Precedents Online. Lawyers all over Australia rely on Eric Kalde’s precedents and practice guides in their legal practice. Always one to question the accepted...
Starting a Business in Australia
This is a book about starting a business. It provides a map, compass and checklist for starting a business from the ground up. I explain the process, and recommend the order in which you do things. I make suggestions about important steps, and factors you can give a...
Handy hints when selling your business.
Getting Ready for Sale Selling Your Business - Some helpful hints Maximise the selling price of your business before you list it for sale. Listing your business for sale without checking the things purchasers will look for first will cause you problems. The sale will...
Small Business Your Free Book
Small Business & The Law. WHY YOU MUST COMPLY The law (ASIC) enforces that a small business must comply under the laws whether you are a small business, business name or a registered company in Australia. As the business owner, you are responsible to...
Can I borrow money from my own company?
Can I borrow money from my own company? Yes, but be careful the ATO doesn’t tax you on it. Unwritten loans are taxed as dividends by the ATO. But there is a way to avoid this sneaky deeming provision. Read on. Those of you fortunate enough to own your own company may...
Do commercial tenants still need to pay rent?
Do commercial tenants still need to pay rent? This is one of the questions landlords and tenants have been asking since the Government announced a Code of Conduct in early April. Implementing the Code has have proved to be more difficult than at first thought. The...
Our Response to COVID-19
Our Response to COVID-19 Our legal services remain available and dependable for the foreseeable future. Our office is well-equipped to continue to support our clients through the use of established online and cloud-based facilities. As we receive new information and...
Legal Essentials when Buying Real Estate
Legal Essentials when Buying Real Estate What you Need to Know Understanding the process of buying real estate & avoiding the common traps Legal Essentials when Buying Real Estate. Real estate can be a good investment but it pays to do your homework. As...