Great Southern Wills in Albany, Western Australia | Estate planning solicitor

Great Southern Wills

Locality: Albany, Western Australia

Phone: +61 8 9800 1217

Address: 12 Peels Place, Albany 6330 Albany, WA, Australia

Website: http://www.greatsouthernwills.com.au/

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23.01.2022 A number of our clients have read The Barefoot Investor. In his latest book, The Barefoot Investor for Families, author Scott Pape closes with the final way to keep your family safe: the Fearless Folder (p242). It gives you and your family peace of mind that even if the worst happens to you, they’ll know exactly what to do. ... Like Scott, in our initial meeting, we will discuss these fearless topics. These are topics not for the faint hearted but they do need to be discussed and we'll help you. After all you've taken the big leap to see a lawyer to have your affairs in order and for that we thank you. When you have signed your Will, EPA, EPG, BDBN etc with us, we will also give you several lists. A digital assets register to list important login details, a personal effects list, and a checklist with your appointments and where your documents are located. #empower #plan #peaceofmind Photo credit: https://www.barefootinvestor.com/resources

23.01.2022 MYTHBUSTER: IVE PREPARED MY OWN DOCUMENTS AND MY DE FACTO AND DAUGHTERS WILL RECEIVE EXACTLY $700,000 EACH. Continuing on from our superannuation topic from Thursday. In our example below, Paul, did make a Binding Death Benefit Nomination, however did he take into account tax implications? Paul is divorced but has three women in his life. They are his de facto partner Julie, and his adult daughters from his former marriage, Zoe and Amanda. ... Pauls assets are as follows: - Home valued at $900,000 - Superannuation of $600,000 (all taxable component) - Life insurance of $600,000. Pauls estate planning wishes are straightforward. He wants his net estate divided equally between Julie, Zoe and Amanda. This equates to an inheritance of $700,000 to each beneficiary. Paul decided to do his own estate planning and prepared the following documents: - A Will leaving all his assets to Julie, Zoe and Amanda equally. - A superannuation binding death benefit nomination leaving his super to Julie, Zoe and Amanda equally. - A direction to the insurance company to pay the life insurance to his estate so that it could be divided equally between Julie, Zoe and Amanda. While Paul achieved his goal, he also ensured that the ATO received $66,000 from his superannuation. This was because Zoe and Amanda were not death benefit dependants and tax was payable on the superannuation payments to them. Any superannuation payable to Julie (a death benefits dependant) however is tax free. Weve got a strategy which deals with this to ensure Pauls beneficiaries receive the full $700,000 of his estate. With a Masters of Tax, Bernadette can help you massage your estate plans. She will also speak with your accountant and financial planner to ensure everyone is on the same page. Empower plan peace of mind [email protected] (source of example above: LexisNexis, Estate Planning, Chapter 6, Death Benefit strategies and case studies December 2018)

22.01.2022 MORE CHILDREN? Congratulations... Your children must be excited about having a younger sibling and you are ready for another round of the newborn phase. Youve dusted the bassinet and car capsule, washed all the size 0000/000 clothes and for now its just you and your family. Bliss. Weve been there and we loved this time (albeit the sleepless nights). ... Youve included your baby in the familyhave you included them in your Will? When you have some time, dust off your old Will and see if it includes further children. And while you are at it, check to see if your guardian is still appropriate. It could be the case that you nominated your sister who has since moved to Karratha and may not be the appropriate guardian for your children. If you need to update your documents, we are more than happy to visit you at your home and discuss your needs. In the last few weeks, we have met parents with newborns (the youngest being 3 weeks old). When you organise your meeting with the child health nurse, book us in as well. GRANDPARENTS Another grandchild? Your growing legacy. Like many grandparents, you may have provided a cash gift to your grandchildren in your Will or have given other gifts for your grandchildren (like the heirloom that has been passed down the generations). Do you also need to update your Will to include the latest addition in your family? empower plan peace of mind [email protected] 0405 127 657 #newborns #legacy #generations #sleeplessnights #willsonwheels

21.01.2022 an oldie but a goodie... We're working back late, thinking of a bottle of red wine and chocolate.... who else explains legal concepts using food and drink? :-)

20.01.2022 One of the many reasons we enjoy visiting the Stirling Ranges... the crop is looking so good this time of year. Also time to check out the wildflowers this spring (some very rare). #willsonwheels #ThankAFarmer

20.01.2022 MERRY CHRISTMAS FROM ALL OF US AT GREAT SOUTHERN WILLS What a year 2020 has been. We, at Great Southern Wills, are having a little break to rest and recharge the batteries. Our office will be closed from 1230pm Tuesday 22 December 2020 reopening Tuesday 29 December 2020. ... We already have new appointments booked from 29 December 2020 onwards and given this busy time, please make an appointment with us (0405 127 657, [email protected], or book above). We know many adult children are in Albany and the Great Southern this week for Christmas. If you wish to have a family meeting to discuss your Will, Estate and Succession Planning needs let us know. Congrats also to our many farmers who are nearing completion or have completed harvest. We hear that the crop has been good. For families who are unable to reunite, please reach out to neighbours and friends during this time. We understand. Paul and Bernadette had planned to visit Sydney for Christmas this year (Bernadette’s family are in Sydney) and with the hard borders in place, Zoom will be our option. We will miss mum’s cooking though! Paul and Bernadette’s worlds were flipped over in March 2020 and through sheer determination, hard work and your support, we are here. Thank you. Thank you to our clients, referrers, networks, mentors, brand ambassadors, suppliers, families, and friends. #empower #plan #peaceofmind #thankyou #supportlocal [email protected]; [email protected]; 0405 127 657

19.01.2022 Passing the baton. Weve been meeting with many farming families over the last fortnight, and right now Bernadette is meeting with a farming family north of the Porongurups. As a parent and business owner, you have spent your working life living and working on the farm. You have raised your children and you are blessed to have at least one of your children interested in your work and interested in taking on the farm.... They are married and have their own children. They also live on the farm. When do you start the succession discussion? Your accountant may have been saying the word succession repeatedly and to you it may sound scary; after all, you are not ready to hand over everything just yet. There are so many things to consider: 1. What if, in the future, our son decides this farming life is too difficult, wants to sell and make more money doing FIFO? 2. How do we provide for our off farm kids? Its a bit unfair to give the farm to our son while leaving our daughters with nothing when we pass away? 3. How do we fund our retirement? Do we buy a house in Albany or Perth now for our future retirement? With what? 4. If our son has been working on the farm and not receiving a market wage, do we take this into account? 5. Our son has been working on the farm for many years, he should be entitled to some of the land. Its unfair if I pass away, my spouse remarries and the land is contested by the new spouse leaving my son and his family with nothing to show for his efforts (ps true story). 6. Our sons wife has given up her city job to live on the farm and raise our grandchildren. Shes also involved in our business and I would like to acknowledge my son and her efforts. 7. Should our son pay out of the farm profits for the business and the land to fund our retirement? These are a few of the questions we are hearing from our clients. Having the conversation now while everyone is happy (including any spouses and off farm children) is beneficial. You can start planning for the future. Set goals. Plan for your retirement. If you dont have children to pass the baton, we can talk about other options, ensuring you do have a successor and your legacy continues. With the help of your family office (your accountant, agri consultant, financial planner and your lawyers), we can empower you to ensure a smooth transition of your business and land to the next generation, and ensure the next generation is able to continuing being successful. You dont have to transition now well look at the next 5, 10, 15+ years. With over 20 years experience, Great Southern Wills works with your other advisers. Empowering you to plan and create documents that will give you peace of mind. [email protected]

19.01.2022 MYTH: MY SON IS SEPARATED FROM HIS WIFE. WHEN I DIE HIS INHERITANCE COULD BE GIVEN TO HIS EX WIFE. This is actually true. If you are a widow/widower, you have children and you have no Will, then the law states that your estate is given to your children. When you pass away and your child is undergoing a lengthy property settlement, their inheritance forms part of the matrimonial assets, meaning that their inheritance could be given to their ex. ... If you are a widow/widower, and you have a Will which gives your estate to your children, then their inheritance also forms part of the matrimonial assets, meaning that their inheritance could be given to their ex. Is this what you want? MYTHBUSTER: TESTAMENTARY TRUST There is a strategy that can help ensure that your child keeps their inheritance. It is called a Testamentary Trust, a trust set up in a Will. When you pass away, any assets that your child inherits will be placed into this testamentary trust. Your child and your childs family members can potentially benefit from the assets in the trust and their entitlements are at the complete discretion of the trustee. Because the beneficiaries do not own the trust assets the assets are protected. Your child can still benefit from the assets. We consider these Testamentary Trusts much like the Queens Guards who protect the Royal Familys properties. Or Bernadette calls it as bubble wrapping your childs inheritance and protecting it against claims from predators and creditors. So, these trusts are also effective if your child is: - in a high risk profession (hello doctors, lawyers, accountants, directors) and can be sued; - bankrupt; - a spendthrift; - an addict (alcohol, drugs, gambling); or - unable to manage their inheritance. What this means is that if any of these unfortunate events occur (ie your child becomes bankrupt), their inheritance is protected. Asset protection is just one advantage of these trusts. Well cover other features on Thursday. Is this something youd be interested in? Or if you are a child dont you want your inheritance to be protected? Talk to your lawyer about these trusts or we can help you weve set up many in our 20-year history and not one of our trusts has been challenged ie our clients children have kept their inheritances. #empower #plan #peaceofmind [email protected]; 0405 127 657

19.01.2022 Ok, so you have signed your Enduring Power of Attorney. Your attorneys have signed too. Do you need to register this document with Landgate? Landgate is a government body that maintains the register of land ownership in Western Australia. ... If you own real estate, and you wish for your attorney to deal with your real estate on your behalf, then YES, your Enduring Power of Attorney must be registered at Landgate at the time of the property transaction. You may not have any property transactions for many years in the future right? So, can you register it then? YES, you can. However, if that future is more than 3 months after signing the Enduring Power of Attorney, then you will have to complete a Statutory Declaration stating that the Enduring Power of Attorney is still in effect. If you have lost capacity at that time, then your attorney will be required to complete a Statutory Declaration stating that the Enduring Power of Attorney is still in effect. You can do it, but it just means more documents and it takes time. and your attorney may need to deal with the property transaction urgently (ie to sell your home so you can move into a smaller home, nursing home or aged care facility). Is there a cost? Landgate charges $178.20 to register an Enduring Power of Attorney. We do not charge our time for registering your document with Landgate. #empower #plan #peaceofmind [email protected] 0405 127 657 ps how gorgeous is this house... the wooden floor boards, the french doors....

18.01.2022 Who will make medical and lifestyle decisions for you if you are unable? Wouldn’t you like to choose your mum, instead of your ex husband who split with you ten months ago? Without any documents, your ex husband will be called by the hospital to make medical treatment decisions for you. True story, this is what happened with Bernadette (she was called by the hospital).... To choose your mum, you will need to appoint an Enduring Guardian under an Enduring Power of Guardianship. ** An adult has legal capacity to make decisions about their own medical care and treatment (including refusing treatment) if they understand the nature and effect of any decisions they make, and can make reasonable decisions for themselves. In some cases, you might not have the ability to make decisions about your medical treatment. This could be temporary (eg, if you are unconscious after an accident or in a coma) or more long-lasting (eg, due to dementia or mental illness). To plan for your medical and health treatment, in case you cannot give informed consent in the future, you can: 1. make an Advance Health Directive; and 2. appoint an Enduring Guardian. Under an Advance Health Directive, you decide what treatment you are to have or refuse to have in certain circumstances. Under an Enduring Power of Guardianship, you appoint a person to make medical treatment and lifestyle decisions for you if you are unable. The appointment of a Guardian is an important one. On Thursday, we will be looking at some attributes that make a suitable guardian. See you then. #empower #plan #peaceofmind [email protected]; [email protected]; 0405 127 657

18.01.2022 PAY NO TAX AND FUND YOUR CHILDRENS EDUCATION... Myth? Its true. ... By having a testamentary trust in your Will, you can effectively fund your childrens education and other expenses tax free. How? A main advantage of having a testamentary trust is the taxation of minor beneficiaries. Beneficiaries under 18 years of age are taxed at normal adult rates (instead of penalty rates) meaning that they receive the full tax-free threshold (currently $18,200). Adam dies leaving an estate comprised of superannuation and life insurance in GESB super of $1m. Adam leaves his whole estate to his widow, Eve, who already earns $120,000 per annum. Eve is glad that Adam left her his superannuation and life insurance which she will use to look after their three children, aged between 7 and 14. In the first year after Adams death, Eve receives income of $50,000 from the interest on the superannuation and life insurance. As Eve already has income of $120,000, the tax that Eve would have to pay on the $50,000 will be approximately $22,200. If Adam had established a testamentary trust for Eve instead, Eve could have distributed the $50,000 trust income in that first year equally between her three children that is, each child would have received $16,700. As each child would be taxed as an adult, the tax payable per child is 0. The tax saving by establishing a testamentary trust for Eve is $22,200-$0 = $22,200 in one year alone! The $50,000 of income could be used to help pay for the childrens education, holidays, toys, books, clothes, a car, etc. The Scott Morrison government has kept the advantages of these testamentary trusts. There were a few minor changes to the taxation advantages recently but the main advantage of the adult tax free threshold remains. If this is something you are interested in, see your lawyer. Or see us. We have established many testamentary trusts in our 20 year career, seeing many children receiving the benefit of tax free money. Its hard enough being widow and raising your young children on your own so these benefits are here to stay. #empower #plan #peaceofmind [email protected] 0405 127 657

18.01.2022 MYTH: I DONT HAVE A WILL AS MY WIFE GETS THE LOT Mythbuster Scenario 1: A man buys a house. He meets a woman; they fall in love and she moves in. They marry and have children. He has a car accident and dies without a Will. The government decides what happens to his assets. His wife will be entitled to household items and the first $50,000. Of the rest (which includes the house), she is entitled to 1/3rd and their children are entitled to 2/3rds. This means his wife co...uld lose their home. Mythbuster Scenario 2: Most couples own their homes jointly. Say the man is a teacher and has super and life insurance with GESB Super. He has a car accident and dies without a Will. The house will be transferred to his wife and she will own it entirely. But say there is a big mortgage on the house. His wife will be entitled to household items and the first $50,000. Of the rest (which includes his super and life insurance), she is entitled to 1/3rd and their children are entitled to 2/3rds. 1/3rd of his super and life insurance may not be enough to pay off the mortgage. The wife may not be earning enough to pay the balance of the mortgage on her own. Again, this means his wife could lose their home. With a Will, the man could direct that all of his assets be given to his wife. This way his wife can keep their home and all of his super and life insurance. The first $50,000 and then 1/3rd of the estate may not be enough. We note that there is a bill before Parliament which increases the $50,000 to $435,000 however this has not moved since April 2019. Do you need a Will? We conduct free initial meetings and can help you plan your Will and give you and your loved ones peace of mind. Update: this post is one of our first mythbusters posted April 2020. Ive reposted for the benefit of our new followers. Thank you for liking our page we post mythbusters every Monday and Thursday at 12.45pm. We hope you find them useful. empower plan peace of mind [email protected] 0405 127 657 #wills #estateplanning #albany #greatsouthern

18.01.2022 Happy Easter long weekend... If you haven't heard much from us this weekend, it's because we're recharging the batteries at home. Rainy cloudy weekend. Sleep-ins, cuddles, warm socks, tea, Easter Eggs, books, movies and being offline. With loved ones. No timetable, no where to be. ... Sometimes it's nice to unplug isn't it? Hope you are all having a lovely long weekend - however you choose. We'll be plugging back in on Tuesday. Speak then.

17.01.2022 We are as local as you. Great Southern Wills is a family owned business with our office at 12 Peels Place, Albany. We live, work and play in Albany and the Great Southern.... You’ll often see us at the shops, at Taste Great Southern Events, swimming at our beaches, at school drop off and pick ups, speaking at Council Meetings, attending business functions We are such a small community that we often see clients, our referrers and colleagues out and about. And we say hello. We are also advocates of buying local. As we mentioned in our speech last Friday, our firm wouldn’t be here without the support of local businesses and the local community. From our stationery, to our marketing (photos, graphics, website), to our car and everything in between, we buy local first. Thank you for supporting us as we support you. #igaonsundays #swimmingwithaccountants #buylocal

17.01.2022 THANK YOU FOR LIKING OUR PAGE For those new to our page: 1. Want to learn more about Wills and Estate Planning? Every Monday and Thursday at 1245pm (lunchtime) we post mythbusters educational posts that make Wills and Estate Planning empowering. An easy 1 minute read or a 3-5 minute video. ... 2. We have fixed fees. This is the most you will pay there will be no hourly charge out rates or large bills at the end. Our fixed fees are set up above. We can also email you our fixed fees. 3. We have a two-week turnaround on our documents. Its important to tailor your documents, but its equally as important for you to sign your documents in a timely manner. 4. We are lawyers, only specialising in Wills and Estate Planning. We have seen too many times what can happen when a person does not have a Will or does not have an up to date properly drafted Will. Its a nightmare for your loved ones. And costs money money that should be given to the people you wish to inherit your estate. As such, our goal is to ensure everyone in the Great Southern has an up to date properly drafted Will and estate planning documents (including Enduring Powers of Attorney etc). In 3 months, we prepared and witnessed 100 Wills. Yes 100, but we have capacity to do more. Bernadette has increased our goal. In reaching this goal, we want to empower you with the information to see your lawyer to have your documents drafted properly. If you see us, we want to make our service affordable and accessible, and enjoyable. Check out our many reviews (see reviews tab) and see what our clients have to say. Thank you again and hope to speak to you soon. Have a nice evening. Photo: the amazing Carol Duncan Photography (Mutton Bird Beach, Albany at Dusk). #empower #plan #peaceofmind [email protected] 0405 127 657

17.01.2022 WHEN DO YOU NEED YOUR WILL REVIEWED: MAKING SURE YOUR CHILDREN RECEIVE YOUR WEALTH You have children. You also have a spouse.... You pass away. You give all of your wealth to your spouse. You have enough life insurance and superannuation to pay off the mortgage. Your spouse has a debt free home. There are also enough assets (remaining life insurance, superannuation, cash and investments) for your spouse and children to live very comfortably. Your spouse is a widow. Later in their life, they repartner and marry. They have a new Will which gives all of their wealth (which includes your wealth) to their new spouse. They pass away. Your wealth and their wealth are given to their new spouse. Your children receive nothing. We’ve had many clients who say We can’t do anything about that right?. You can but only during your lifetime. Two words. Testamentary trusts. You’ll need a Will with Testamentary Trusts. By providing for a testamentary trust in your Will, your spouse’s inheritance will be placed in their own trust. When they pass away, your Will says that the assets in that trust will be controlled by your children. Your children will benefit from your assets, and not the new partner. Your wealth won’t be given to their new partner it will be given to your children. Many court cases have afforded such protection to these trusts, meaning your children will always benefit. #empower #plan #peaceofmind [email protected]; [email protected]; 0405 127 657

17.01.2022 We visited a warm and welcoming 3rd generation farming family today to sign their Wills and succession documents before mum and dad head north for the holidays tomorrow. Were experiencing a high demand for this type of work and were grateful. In the last fortnight weve seen 6 farming families (horticulture, livestock, broadacre, mixed farming). ... Each farming family is different but they have the following things in common: 1. They have at least one child in the farming business 2. Mum and dad are still heavily involved in the business 3. All generations including spouses are involved in discussions 4. The family is happy 5. They want to have the discussions now while their child is (their children are) serious about taking over the business in the future 6. They make a delicious tea/coffee. But what we have found is that each familys strategy is different. We tailor our advice according to each familys circumstances. Your strategy may be totally different to the norm (what is the norm? Testamentary trusts?) and that is ok. Well work you through your strategy in conjunction with your accountant and financial advisor and in the majority of cases, your strategy is what well draft in our documents. We have seen most strategies and well bring out our estate and succession planning tool kit to your dining room table. After all, the end goal is the smooth transition of the farm and farming enterprise to the next generation ensuring its continued longevity. Ensuring your ancestors legacy continues for many generations. Empower plan peace of mind [email protected] #farmingsuccession #greatsouthern #grateful

17.01.2022 WILLS ON WHEELS is... north of the Stirling Ranges this week visiting farming families to discuss Wills and Succession Planning. We have some limited appointments left on Tuesday afternoon, Sunday and Monday. Message or call 0405 127 657 for a spot. We also work with your accountants and financial planners to ensure everyone is on the same page.... With our goal of everyone in the Great Southern having an up to date properly drafted Will, and with our love of the country, we are happy to bring the estate planning discussion to your dining table/living room. We know you are busy particularly with the rain (and we love to see crop growing), we are more than happy to meet you during your lunch break (we know you make the best tea!). Also, Bernadette discussed the family farm exemption today with Nationals Leader Mia Davies MLA. We know the value of passing the farm to the next generation tax free if possible and during your lifetime. We are working on a few family farm transfers at the moment. If you have any issues you would like to raise with us to bring to our leaders and party candidates, let us know. #empower #plan #peaceofmind [email protected]; 0405 127 657

16.01.2022 Mums, stand in front of the camera.... We recently returned from our family holiday in Esperance and for the majority of the time I was behind the camera taking the holiday snaps. When you pass away, it's those photos that your children have to remind them of the good times you had together. ... Be in those photos with your children. Print the photos or save them somewhere where your children can access them. The photos don't have to be Instagram worthy either. :-) No make up, messy hair bun, daggy clothes... who cares? These really don't matter to your children. In My Workbook, you can reflect and write down your funeral wishes. In that section of the workbook, we have a "Photos to be shared" slot, and we ask you to write down the location of those special photos - whether they be in a photo album, in a box, and if they are digital photos, rename the file to reflect the memory and write down the passwords to your computer/laptop/file name so that your loved ones can access these photos. Assist your grieving loved ones. Mother's Day is coming up... we have many talented local photographers who are happy to take family photos. #empower #plan #peaceofmind Photo taken by Paul Terry - no make up, messy mum bun, but our J loves it.

16.01.2022 Something different today.. a little something I wrote. Mythbusters will resume Monday 1245pm. The year that was twenty twenty Uncertainty was a plenty New Years’ resolutions dashed... When a virus in Wuhan City unlashed. We all thought Corona was a beer, And when it wasn’t, we shed a tear. In January, Corona was far away We could play outside and enjoy the day Pubs and cafes busy to the brim Businesses busy with tourists, people at the gym. Then Black Friday in March, my position was made redundant On that same day, more sad news abundant. For Paul was diagnosed with Leukemia We couldn’t fathom a future, but we thought Bohemia. Bohemian Rhapsody Is this the real life? Is this just fantasy? Caught in a landslide No escape from reality. So we picked ourselves up, launched a law firm two weeks later Great Southern Wills was born, it was to be our saviour. More tests and procedures for Paul his cancer low grade We were back baby, no longer dismayed. But then lockdown was here Very little to cheer Homeschooling a toddler, working from home Shops out of toilet paper, Zoom was the norm. We learnt to wash our hands, social distance and the streets were quiet Businesses closed, Jobkeeper, Jobseeker, no riot! Our accountants were all busy, the lines at Centrelink long No sports, no dancing, no sing-a-long. Our region was closed, no one could enter or leave We waited and waited, Covid in Albany? It was hard to conceive. And for that time, we had to focus on our priorities Family, health, protecting the vulnerable in our communities. We are grateful that many people thought about their Wills Signing documents with gloves, guaranteed fixed fee bills. Lockdown over, we started our new normal Wills on Wheels, farm visits, nothing too formal Great Southern Wills grew, we moved into 12 Peels Place Heritage listed building, it was a good base Supported locally by lots of businesses and the community Paul and I are grateful for this wonderful opportunity. 31 December twenty twenty A year uncertainty was a plenty But for us, we are thankful for you all We wish you a happy new year; 2021, let’s deal with the curveballs. Bernadette Duell 31/12/2020

16.01.2022 MYTH: IVE SIGNED MY WILL THATS ALL I NEED TO DO MYTHBUSTER: An entrepreneur in his late twenties died. He had almost $150,000 in superannuation entitlements. He had signed a basic post office Will giving his whole estate to his parents. He thought his Will covered his superannuation. A friend of his claimed to be his de facto partner and claimed his superannuation money. The Court decided it was appropriate for the lady who claimed to be his de facto to receive 75% of... his superannuation and for his parents to receive the remaining 25%. When considering your Will, its important to distinguish between estate and non-estate assets. Non estate assets include your superannuation, life insurance, property held as joint tenants, and assets held in trusts. A basic Will doesnt cover these assets. Many people think they do. So, if superannuation is outside of your Will, how do I deal with it? If your superannuation is in a retail fund or an industry fund (ie Hostplus, Aus super, WA super), your fund will have their own rules in relation to what happens to your superannuation when you pass away. Most funds will allow you to sign a Binding Death Benefit Nomination where you nominate who will receive your superannuation. This form is signed in front of two witnesses (like a Will) and you give this to your fund. Once received and considered valid, your fund MUST give your superannuation to the person you nominate. Note: most binding death benefit nominations last for 3 years. They then lapse unless renewed. Note: when you joined the retail fund or industry fund you may have signed a membership form which allows you to choose a beneficiary. This is a preference only, and the fund MAY give your superannuation to the person you choose. If they consider someone else is a dependant and has a greater need to your superannuation (ie minor children) they may give your superannuation to that dependant instead (ie your children instead of your spouse). Note: GESB Super/West State/Gold State super pay your superannuation balance to your Executor. Your Will then determines how your superannuation is determined. Note: You may have a self managed superannuation fund - check the trust deed to see whether your fund permits a nomination. The above is general advice only. Its also a good idea to speak with your financial planner and receive financial advice in relation to your superannuation product ie if you are in pension phase, you may have a reversionary pension which trumps your BDBN. We know a number of experienced financial planners who can assist. Empower plan peace of mind [email protected]

16.01.2022 MYTH: I dont need a Will because I dont have any assets. You may be renting. You have a steady job and working on your career. You are single. You have no children. I dont need a Will right? Most people have assets that they may have forgotten about, or that may not be payable until their death, such as life insurance. Many of us are worth more dead than alive!... If you are working, you are likely to have superannuation. And if you have superannuation, you are likely to have life insurance. We dare you, check your superannuation statement and check your life insurance balance. It could be quite a bit we find that the younger you are, the higher your life insurance. We also dare you, how is your superannuation and life insurance paid in the event of your death? Did you nominate an ex de facto many years ago? Did you nominate your parents? You know that you cant nominate your parents right? It is important that you nominate the correct people to receive your superannuation and life insurance as this could be your biggest asset. Have you signed a nomination in front of two witnesses? Perhaps you have but this nomination lapsed years ago. We are happy to discuss your superannuation and life insurance with you. Were also happy to discuss any personal effects that you may have, as well as any digital accounts you may have (ie facebook, email, Instagram, your laptop, your phone). Do you want your mum accessing your emails? #empower #plan #peaceofmind [email protected] 0405 127 657

16.01.2022 We launched our firm during a global pandemic and the last 3+ months has seen Great Southern Wills grow from strength to strength. We want to thank our many clients and referrers for trusting us. We have been working a 6 day week, and some times 7 days a week to keep up with demand, but today we had a recharge day. Paul and I explored our backyard in Albany. And we came home to find out weve been nominated for an Award. Refreshed and recharged we look forward to contin...uing to serve you, the people of the Great Southern. Empowering you to plan and create documents that will give you peace of mind #grateful

15.01.2022 WHY? Steve Jobs, the Wright brothers and Martin Luther King have one thing in common: they started with WHY Simon Sinek. What is our Why?... GSW has a one page business plan which is instrumental in all of our dealings. This was recently given to Brayden, and we thought we’d share it with you too. What do you think? #practicelawdifferently #empower #plan #peaceofmind #SWOTanalysisandSMARTalsoonplan

15.01.2022 IS THERE A WILL READING? You have been asked to be an Executor for a friend. Your friend dies, you have their Will. It was at their lawyers office. What do you do now? If you are expecting the lawyer who held the Will to conduct a reading of the Will to interested family members, the answer is "no".... Will readings are events that occur in movies, tv shows and books, but not in real life. There is no obligation on an Executor in Western Australia to give a copy of the Will to beneficiaries (unlike in NSW and other states). However, once there is a grant of probate, the Will is a public document and anyone (not just those with a property interest) may inspect and obtain a copy from the Probate Registry. So, there is no need to conduct a reading of the Will. And if you watch the below video in full, we promise, we will not allow a solicitor to obtain your estate. #empower #plan #peaceofmind https://www.youtube.com/watch?v=AUxYjIQrjlc

15.01.2022 Our Aussie mates overseas Can’t travel home because of COVID? Want to buy some land in Australia to utilise HomeBuilders? ... Need access to your superannuation? If you have assets in Australia (including your superannuation), it is important that you have an effective Australian Enduring Power of Attorney in place in case you need a trusted friend or family member to sort out a financial issue for you urgently. We are working with a few clients overseas who would like to appoint their parent or sibling in Albany to attend to their Albany property and financial matters. We can email your Enduring Power of Attorney to you, and you can visit an Australian embassy in your country for consulate services. The Consular Officer or Diplomatic Officer will be able to provide notarial services including witnessing and authenticating documents, including witnessing your signature to an Enduring Power of Attorney. Once you have signed your Enduring Power of Attorney, register post the document back to us and we’ll meet with your attorney in the Great Southern. They will then be able to act for you in accordance with your wishes. It’s all about peace of mind and ensuring your financial and property affairs are looked after whilst you are overseas. #covid2020 #empower #plan #peaceofmind [email protected]; [email protected]; 0405 127 657

14.01.2022 We thank you for making our move to this gorgeous location possible. 12 Peels Place, Albany. Where you will be welcomed by Paul, Bernadette and our map of the Great Southern. ... Have a seat on our comfy leather lounge or seats and read a book/newspaper before you meet with Bernadette. In the boardroom where we plan your estate, you can view the harbour through our french doors. If you have kids, we have a kids corner with toys, puzzles and books. Want coffee, tea or water? We have those too. And chocolate chip biscuits if you wish. Immerse yourself in history with original brickwork and high ceilings in this lovely heritage listed building. Our fixed fees remain the same as when we launched 7 months ago. Appointments before and after work and on weekends available. We thank our local suppliers for transforming our space. Our suppliers have all been professional, amidst stock shortages during Covid. Our office is conveniently located next door to Bell & Luca, EDGE Hair & Design and @Great Southern Personnel. We look forward to welcoming you. #12PeelsPlace #buylocal #supportlocal #feelathome #practicelawdifferently

13.01.2022 WHEN DO YOU NEED YOUR WILL REVIEWED: EXPECTING ANOTHER CHILD? Congratulations. Your children must be excited about having a younger sibling and you are ready for another round of the newborn phase. ... You’ve dusted the bassinet and car capsule, washed all the size 0000/000 clothes and for now it’s just you and your family. Bliss. We’ve been there and we loved this time (albeit the sleepless nights). You’ve included your baby in the family have you included them in your Will? When you have some time, dust off your old Will and see if it includes further children. And while you are at it, check to see if your guardian is still appropriate. It could be the case that you nominated your sister who has since moved to Karratha and may not be the appropriate guardian for your children. It may also be a good time to see if testamentary trusts may be a good vehicle for your children’s inheritance. If you need to update your documents, we are more than happy to visit you at your home and discuss your needs. This year, we have met parents with newborns (the youngest being 3 weeks old). When you organise your meeting with the child health nurse, book us in as well. GRANDPARENTS Another grandchild? Your growing legacy. Like many grandparents, you may have provided a cash gift to your grandchildren in your Will or have given other gifts for your grandchildren (like the heirloom that has been passed down the generations). Do you also need to update your Will to include the latest addition in your family? #newborns #legacy #generations #sleeplessnights #willsonwheels #empower #plan #peaceofmind [email protected]; [email protected]; 0405 127 657

13.01.2022 Our office at 12 Peels Place is coming together. Bernadette has always wanted a big map of the Great Southern region in an office. Many thanks to Great Southern Development Commission for this map, to Hidewood Signs and Print for printing, to Haese's Picture Framing for framing and to Buildrite Homes for hanging our map. Our lovely furniture is from Albany Office Products Depot.... We are honoured to have engaged such wonderful local suppliers to help make our dream come true. Stay tuned for more pictures!

13.01.2022 My Workbook... New clients will receive My Workbook as part of their Estate Plan, at no extra cost. They may also receive a couple of goodies with their care package too. :-) We have a limited supply for past clients and we'll be giving these to them for free too. Please contact us for more information - to be collected 2pm to 5pm this week.... #firstbirthdaycelebrations #ourgifttoyou

12.01.2022 WHO WILL MAKE HEALTH DECISIONS FOR YOU IF YOU ARE UNABLE? There are certain attributes we recommend your Guardian to have. On Monday, we will post a video on these. You have decided you would like to appoint someone as your Guardian. You have signed an Enduring Power of Guardianship and your Guardian has also signed this document.... What now? It’s important that the medical profession know who to call in case you are unable to make your own medical decisions. We strongly suggest the following: 1. Give your Enduring Power of Guardianship document to Albany Health Campus (or your local hospital) to update their records. We know the people at Albany Health Campus who attend to this and upload your document onto their records if you have any problems doing this please call us. 2. If you have MyGov and My Health Records active, upload your Enduring Power of Guardianship document onto My Health Records where it says Add an Advance Care Planning Document. Not only can you upload your Advance Health Directive (you prescribe your medical care preferences and any treatments you would or would not want to receive) but also your Enduring Power of Guardianship (the name of someone who can make health decisions on your behalf if you are unable to communicate your decisions). By doing these, if a health decision needs to be made urgently, your wishes are known to those who need to know and they will contact your Guardian. #empower #plan #peaceofmind [email protected]; [email protected]; 0405 127 657

12.01.2022 What decisions can your Enduring Guardian make? If you are unable (due to depression, unconscious after an accident or in a coma, have dementia etc) your Enduring Guardian will have authority to: - Decide where you live, whether permanently or temporarily... - Decide who you will live with - Decide whether you work and if so, any matters related to that work - Provide or refuse consent, on your behalf, to make any medical, surgical or dental treatment or other health care (including palliative care or life sustaining measures such as assisted ventilation and CPR) - Provide or refuse consent, on your behalf, to any new or experimental treatments proposed for you as part of approved medical research relevant to your condition - Decide what education and training you receive - Determine who you will associate with - Commence, defend, conduct or settle any legal proceedings on your behalf, except proceeding that relate to your property or your estate - Advocate for and make decisions about the support services you will have access to - Seek and receive information on your behalf. Many decisions and crucial to your personal well being. You can tailor your Enduring Power of Guardianship to allow your guardian to make all of these decision or you can limit the types of decisions they are to have. This is also a big undertaking and on Monday we will discuss the attributes we recommend your Enduring Guardian to have. #empower #plan #peaceofmind [email protected]; [email protected]; 0405 127 657

12.01.2022 When a loved one passes away, there's lots to do. Where do you start? My Workbook, a Great Southern Wills publication, provides a step by step guide. What to do immediately, what to do after the funeral, do they need probate and if yes, what are the steps. Check the boxes after each step.... You guide them... in your own handwriting. Write down your assets, who to call, passwords to your social media accounts, how to raise your children, your pet's vet, how to set up a testamentary trust.... My Workbook is available to purchase at Great Southern Wills, and given to all new clients at our signing meeting. Message us for more information.

12.01.2022 AND TO MY BELOVED DOG, SERAPHINA, I LEAVE MY ENTIRE ESTATE. We have clients who have much-loved pets and provision for those pets is requested. How can such a request be met? Pets cannot inherit from a Will directly and have no capacity to hold money or property themselves. So, whilst you would love to give everything to Seraphina, we are unable to place a clause like the one above in your Will.... You do however, have a number of options: 1. Your pet can be given to a loving home before you pass away in the case where you have the opportunity to arrange your affairs in time; 2. Your pet can be left to a beneficiary in your Will; 3. Your pet can be left to a beneficiary in your Will together with a cash amount for its maintenance; 4. Your pet can be rehomed and you can name the organisations you wish your pet to be rehomed. The discretion will be up to the Executor. If you and your spouse pass away leaving young children, you may want your young children and the family dog to be looked after by the same person the guardian. Speak with your guardian about this they may not have a big property to look after a dog or your horse for example. You may have a brother or sister who looks after your dog when you are on holidays. They love your dog as if it were their own. Perhaps this brother or sister would be the best person to look after your pet. Your adult children may also want your pet. Its important to have a family discussion with your children about your wishes seek their input. Pets can also be quite expensive to raise and maintain. We recently met with a client and because of their dogs diet, it costs $160 for a big bag of dog food. We also heard from another client yesterday who was in Perth for their beloved cat who had to receive treatment. You may want to give a cash amount to the person looking after your pet for your pets maintenance. There is also the last resort option of rehoming your pet. There are a number of organisations in the Great Southern region who can assist with this and we can help your Executor choose among these organisations. Empower plan peace of mind [email protected] 0405 127 657 #yourpet #yourfamilymember

11.01.2022 WHAT IS A TESTAMENTARY TRUST? If your child is: - separated from their spouse or in a rocky relationship;... - in a high risk profession (hello doctors, lawyers, accountants, directors) and can be sued; - bankrupt; - a spendthrift; - an addict (alcohol, drugs, gambling); or - unable to manage their inheritance, a testamentary trust can help ensure that your child keeps their inheritance. Without it, their ex spouse in a family property settlement, creditors and other predators could receive your childs inheritance. A testamentary trust is a trust set up in a Will. When you pass away, any assets that your child inherits will be placed into this trust, not given to your child absolutely. Your child can still benefit from the assets they can take money out and spend it on a deposit for a house for example. Your child and your childs family members can potentially benefit from the assets in the trust and their entitlements are at the complete discretion of the trustee. Because the beneficiaries (including your child) do not own the trust assets, the assets are protected. Is this something youd be interested in? Or if you are a child do you want your inheritance to be protected? Talk to your lawyer about these trusts (these trusts require very comprehensive and tailored drafting) or we can help you weve set up many in our 20-year history and not one of our trusts has been challenged ie our clients children have kept their inheritances. #empower #plan #peaceofmind [email protected]; 0405 127 657

11.01.2022 In this video, we discuss some of the characteristics we think are important in a Guardian. Enjoy! #empower #plan #peaceofmind... [email protected]; [email protected]; 0405 127 657

11.01.2022 Empower, plan, peace of mind Because you don’t know when it is your time. Who will look after your kids when you die? Who will buy a property for you when you just can’t buy? What about super, have you signed a nomination?... Your deceased dad didn’t have a Will, we feel your frustration. So we promise you, at Great Southern Wills, There is no hourly rate, no scary bills. There’ll be empathy, compassion, a cup of tea Try us out, your first meeting is free! And at that meeting, be entertained by upside down writing. We also promise, when the time comes, there’ll be no fighting. Your wishes adhered to, your family can grieve, Your family is happy as they can conceive You have up to date documents and probate is smooth. So what are you waiting for, get up and move. 12 Peels Place, Albany, is the place to be We will welcome you with open arms, Paul Terry and me. Although Wills on Wheels, we have that too Busy with harvest or the kids, we can travel to you! Client experience, with us it’s all about you, So you can focus on securing the future of your family too. Bernadette Duell, 17 November 2020 #fixedfees #specialist #wereturnyourcalls [email protected]; [email protected]; 0405 127 657

11.01.2022 Launching a law firm in the middle of a Global Pandemic.... Specialising in Wills and Estate Planning in a regional town.... Letting everyone know our fixed prices....... Posting bite size educational pieces to empower people to plan.... Bernadette and Paul have always done things differently in their personal lives... and they brought that being different to a law firm. we wanted to be a different law firm..... that was our big idea. and it seems the public and AusMumpreneur judges realise this too. Last night, our firm won 2nd place in the "Big Idea" category in Ausmumpreneur Awards, a national awards for mums in business. Whilst we would have loved the gold, we take home the silver knowing that we are on the right track. #empower #plan #peaceofmind Thank you all for your support. This means the world to us.

10.01.2022 Repost of one of our first videos... enjoy! Are you in your 20s and 30s, single and childless or de facto and childless, but you have never thought about what will happen if something unexpected happens to you? Will the government decide what happens to your estate? Will your partner and family fight while they are grieving your loss?... If you havent got a Will, this could lead to a lot of pain at the worse time possible. Also, the only person who will win out of you passing away without a Will is the lawyers! The costs of protecting your estate comes out of the estate itself. Youre young (and hopefully) healthy. Ensure that you take care of your loved ones if something happens to you unexpectedly with a Will. Im Bernadette, Ive been practising law for over 20 years and Im your Wills and Estate Planning specialist in Albany and the Great Southern. Ive created this short video so in under 6 minutes you will know everything you need to know about happens when you pass away without a Will and youre young. Check it out. For this information, you would usually have to search on Google for several hours to find it out and piece it all together or see a lawyer. Our mission is to empower you to plan and create documents that will secure your future and give you and your loved ones peace of mind. Im giving this information to you for FREE to help you understand the implications of passing without a Will so at least you know the consequences of not getting it done. Let me know what you think in the comments below. Thanks! Kind regards from your Wills and Estate Planning Specialist Bernadette

10.01.2022 We have advised, prepared and witnessed 100 Wills in our first 3 months. with capacity to advise, prepare and witness more. Were proud as punch when we hear new clients saying binding death benefit nomination and testamentary trust and they know the difference between joint tenants and tenants in common.... Were also proud as punch when clients know why it is important to have a Will. Were so glad our educational posts are being absorbed. And were glad law firms are following our lead with educational posts on their Facebook and Instagram. Still, we, as a community have a long way to go. With just over 50% of Australians having an up to date Will, we have much more work to do. So please talk with your mates, your neighbours and family. Ditch the post office kit please and see your lawyer or a lawyer make sure they know what you are talking about too! If you want to share our fixed fees to your mates, share away happy to give them our mates rates (our fixed fees are pinned on top of this page). Were also happy to travel to clients in the Great Southern #willsonwheels There are 54,000 of us in the Great Southern. A large majority are over 18 years of age. Do you have a Will, binding death benefit nomination and Enduring Power of Attorney? You are never too young to have one. We have clients ranging from 20 to 90 years. #empower #plan #peaceofmind [email protected] 0405 127 657

10.01.2022 YOUR FINANCIAL PLANNER AND/OR ACCOUNTANT IS ASKING "DO YOU HAVE A WILL?" As part of your annual review with your financial planner or accountant, they suggest that you attend to your Will and estate plan. Its nearly time for your review again and Great Southern Wills (with your consent) works with your advisors to ensure we are all on the same page. ... Your advisors are the best people to talk to about your family, your business, your assets, your superannuation and life insurance. They spend quality time understanding, enhancing and protecting your wealth. Our service is an extension of that. We protect your wealth and ensure it is given to your loved ones. Not contested by estranged family members. Not given in accordance with legislation. Not given in legal fees to lawyers. But in accordance with your wishes in your properly drafted and up to date Will. If you have an accountant and/or a financial planner, we will work with them. We also suggest your Executor and your Attorney works with them too (after all they step in your shoes in the event of your passing or incapacity). We have spent over a decade developing our relationships with advisors in the Great Southern. Many of them refer work to us and we are grateful for that. So at your next meeting, will you say Yes, I have a Will. #empower #plan #peaceofmind [email protected] 0405 127 657 Photo: we work with many male referrers and advisors as well, not just females.

09.01.2022 Our office at 12 Peels Place is coming together. We've been eyeing this beautiful original piece by Phoebe Duff of Shelter & Gather. We first saw it during the Great Southern Art Trail in 2019 at Old Auction Room. We finally have the space to showcase it. Great Southern Wills is a supporter of local artists. Furniture bought at Albany Office Products Depot.... Stay tuned for more office updates.

09.01.2022 Introducing Brayden Thompson... Brayden is the latest member of Great Southern Wills. He is our Administration Officer, an essential role in a growing law practice.... Bernadette is currently serving 30-40 clients a month and with Brayden on deck, he will attend to all administrative tasks freeing Bernadette to do what she loves the most having strategy meetings with clients, drafting documents, explaining documents to clients and witnessing clients’ signatures. This also means we can take on more clients! As a new client, you will receive emails and letters from Brayden. When you walk into our office, he’ll be your first point of contact. You probably recognise Brayden he is the owner of Brayden T Photography (he is very talented and has a good eye) and the author of the Porch Project. Please join us in welcoming Brayden to our team. Photo: Click Collective

08.01.2022 Why you need a Will in your 20s and 30s.... This has been a topic we, at GSW, have been raising of late, and weve had many young clients seeing us for the reasons set out in the article below. My former boss, Peter Bobbin, and my former work colleague, Donal Griffin, both of which are still mentors, are quoted and give great advice in this article. Enjoy!... #empower #plan #peaceofmind [email protected]; 0405 127 657 https://www.moneymag.com.au/should-have-will-20s-30s

08.01.2022 Facebook, Twitter, Instagram, Itunes, Digital Photos, Emails, Text messages all in the palm of your hand. If something happens to you, what happens to your accounts? Without a Will, your accounts can remain open forever, your accounts could be frozen, or your family may fight over your emails and photos. Do you want that?... A 25 year old Eve is engaged to Adam she died in a car accident and didnt leave a Will. The relationship between Eves parents and Adam fell apart over who had the rights to her photos, emails and texts. To find out who had rights, Eves parents engaged a lawyer. Adam engaged a lawyer. And all parties dealing with overseas companies with changing terms and conditions for their products. It was a mess. With a Will, you can decide how your digital assets are managed. Dont leave it to lawyers and foreigners. The most common way of dealing with your assets is to leave or bequeath them to another in a Will. However, laws relating to privacy, copyright and intellectual property, amongst others, intertwine to muddy the waters as to what a person actually has the right to do with their digital assets upon their death. When you meet with us, we discuss a digital estate management plan, which is designed to ensure that your wishes in relation to how you would ideally like your digital assets to be dealt with are clearly set out. Crucial to this plan is that your Executor can locate and access the digital assets, so a register will be created for you, listing various login details and passwords. For some accounts, well also discuss some of the things you can do during your life to help your Executor. For example, for Facebook, you can create a legacy contact. #empower #plan #peaceofmind [email protected] 0405 127 657

08.01.2022 Today we received many of our Enduring Powers of Attorney back from Landgate. All have been registered at Landgate. To our knowledge and belief, every single one of our documents has been accepted by Landgate and the Supreme Court. ... We have not received a requisition on any of our Wills or Enduring Powers of Attorney. Why is this? We have spent many years working on our documents, updating them and ensuring they comply with all legislative requirements. We review many precedents and we talk with the relevant government body (be it Landgate, the Supreme Court, the Office of State Revenue, the Australian Taxation Office). We also speak with other estate planning professionals and we are guided by experience. We also ensure that your documents are tailored and reflect your instructions. Thus, giving you added peace of mind that when the time comes to use your document, it will be seamless for your Executor/Attorney/Guardian etc. #empower #plan #peaceofmind [email protected] 0405 127 657

07.01.2022 WHEN DO YOU NEED YOUR WILL REVIEWED: BUYING PROPERTY In 2020, many properties in the Great Southern region were snapped up. Established homes and new lots. Our real estate agents, mortgage brokers, banks, settlement agents, builders, architects, tradies and Council were all busy.... It seems many were taking up the opportunity that was HomeBuilders. If you were one of the many that snapped up a property do you need to review your Will? Do you need a Will? Yes, this is a good time to reflect. If you bought your property as joint tenants with another on your death, the property will pass to the person you own the property with (the survivor). It doesn’t matter what your Will says. If your Will has testamentary trusts for your spouse/children, you may want to sever the joint tenancy so that your interest forms part of your Will. If you bought your property and have a mortgage, will the survivor be able to repay the home loan without you? Will they have to work full time? Maybe you have adequate life insurance or superannuation to repay the home loan in full. If you bought your property as tenants in common with another you own a part of the property. This part forms part of your Will. Review your Will to make sure your part of the property is given to the right person. If you bought your property on your own you own the property, and that property forms part of your Will. Review your Will to make sure your property is given to the right person. If you don’t have a Will, the government decides who will own the property (if you have children, your wife/husband will be entitled to 1/3rd of the property and they can lose their home). If you borrowed money from your parents to buy the property, make sure your Will reflect this loan. If your parents are guarantors on a home loan, make sure your Will reflects this. If you are in the process of building, it may be wise to have an Enduring Power of Attorney to ensure someone you trust can make decisions on your behalf. #empower #plan #peaceofmind [email protected]; [email protected]; 0405 127 657

07.01.2022 and just like that, we are back. It has been a big year for Great Southern Wills and Paul and I were both exhausted just before Christmas Eve. It was nice to spend quality time with Paul’s family eating, resting and swimming. That feeling on Christmas Eve after everyone has unwrapped their presents the silence and contentment. The funny matching presents, the lovely presents, the love.... We also said goodbye to our Aunty Margaret at Karrakatta this morning she led a purposeful life, short but left many memories. She left a lasting legacy and will be remembered by all. Life flies by doesn’t it. Paul’s son turns 18 tomorrow and our daughter starts big school next year. We have recharged a little and we are back. 4 new client meetings tomorrow, with more later in the week and next week. If you would like to book in a meeting for yourself or your family, we would be honoured to assist you. 29 December 2020 #empower #plan #peaceofmind [email protected]; [email protected]; 0405 127 657

07.01.2022 WHEN DO YOU NEED YOUR WILL REVIEWED: ADULT CHILDREN Your children are adults. They are independent they have jobs, own or rent their home, and they may be in a relationship and/or have children. You and your spouse have paid off your mortgage. You have no debts. ... You have significant assets your home, your superannuation, your life insurance, and you may also have investments (real estate, shares, term deposits). You may even have a valuable business. You’ve worked to build and protect your wealth. Your current Will provides that you give this wealth to your spouse, and if they predecease you, then to your children equally. As you know, life throws curveballs. Your child may separate and divorce their partner. They may become bankrupt. They may be spend thrifts. They may even enjoy a gamble or their alcohol too much. If you and your spouse pass away, your wealth may be given to the ex spouse, the trustee in bankruptcy, to the casinos and liquor stores. Do you want that? We’ve had many clients who say We can’t do anything about that right?. You can. Two words. Testamentary trusts. By providing for a testamentary trust in your Will, your children’s inheritance will be placed in their own trust. A trust that they manage while life is good. And when those curveballs present themselves, their inheritance will be protected. Their inheritance won’t be given to an ex, to the trustee in bankruptcy, to the casinos or liquor stores. Many court cases have afforded such protection to these trusts. There are other benefits of having a testamentary trust which we’ll explore on Monday. #empower #plan #peaceofmind [email protected]; [email protected]; 0405 127 657

07.01.2022 GIFTS TO CHARITY.. You may during your lifetime, donate money or time to a charitable organisation. You may have participated in, and donated to, a fundraising event like the Albany Community Foundation 2020 Walk for Awareness 4 October 2020 Emu Point to Eyre Park....Continue reading

06.01.2022 They shall grow not old, as we that are left grow old; Age shall not weary them, nor the years condemn. At the going down of the sun and in the morning. We will remember them." Heading off ... Historical image of Anzacs marching to war at Albany in 1914. Source: City of Albany.

06.01.2022 The best part of my day is calling clients and saying "you don't have to pay tax! We've saved you $x in stamp duty". If you own a farm and your child is working on your farm, you don't have to wait until you pass away to transfer the farm to your child. Yes, this is one way to pass it tax free. The State Government has given stamp duty exemption for family farm transfers. That is, during your life, you can transfer your farm to your child and provided your child is using t...he land in primary production (and certain other criteria), they don't have to pay stamp duty. We can assist you by advising whether you satisfy the family farm exemption, and if yes, draft the relevant transfer documents and stamp duty application and lodge the documents with the OSR. And then Landgate for processing. We also work with your accountant to ensure you don't have to pay CGT - there are also a number of exemptions that could apply to you. How much tax have we saved farming families in the Great Southern? Lots! We've transferred many farming lands (crop, livestock, horticulture) over the last few months (we've been busy!). As for savings, for example, for land with a value of $800,000, you'll save $35k in stamp duty. For land with a value of $1.5m, you'll save $72k in stamp duty. It's a conversation we are happy to have with you and your family. Happy to wait til after harvest.... Photo of a document we received today. #empower #plan #peaceofmind #youdonthavetowaittopassyourfarmtothenextgeneration [email protected]; [email protected]; 0405 127 657

05.01.2022 Today we celebrate the men in our lives... the fathers, the grandfathers, foster dads, step dads, not-yet dads, those without dads, the should-be dads, the grieving dads. To those who cannot be with their dad or their child, we are thinking of you. From our family to yours, Happy Fathers Day. xoxo On a personal note, Great Southern Wills would not be here without:... Bernadettes granddad, Atty Jose Relunia Snr, who inspired and mentored her during her schooling and early career years. You are very much missed. Bernadettes dad, Jose Relunia Jnr, an Order of Australia recipient, who showed and continues to show Bernadette the value of community service. Pauls dad, Keith Terry, who has assisted us with launching the firm and continues to be a sounding board for our business. Paul Terry, Bernadettes rock. Bernadette has been solely focused on the business and appreciative of Paul being there for the family and the home.

05.01.2022 Book launch last Friday evening at our office. What a wonderful evening... photo taken at the beginning before our boardroom and outside were occupied with more people. On the weekend and today, we delivered a large number of My Workbooks. We also posted a large quantity - keeping Australia Post busy. ... Thank you for your support. #doyouhaveyourbook #practicalguide

04.01.2022 What began as a COVID redundancy and Pauls cancer diagnosis on the same day Then setting up a law firm during a COVID lockdown with an active toddler And then launching a firm starting with Zoom meetings as we couldnt meet clients face to face... It has been a journey. Being a business owner is no mean feat. Being a parent and a business owner well thats a juggle. We want to thank you all our clients, our potential clients, our supporters and referrers. We have enjoyed the last 5 months working with you; from the farms, to new families, to business succession. 140 Wills signed in 5 months. Thank you. Our big idea is for everyone in the Great Southern to have up to date properly drafted Wills and Estate Plans. We wanted people to have the discussion lawyers and death can be scary, but it doesnt have to be. We focused on education and empowerment, fixed fees and a personable relatable approach. Last Thursday we won Silver in the National AusMumpreneur Awards for our Big Idea. Thank you. Next month, we are making a big announcement, which will free up Bernadettes time so she can see more clients, travel more, and take the estate planning discussions to your living room, your boardroom or our boardroom. In the meantime, Bernadette is talking to groups about estate planning if you are interested in her talking with your group let us know. We also have capacity to see you to discuss your Will and Estate Plan. #empower #plan #peaceofmind [email protected]; [email protected]; 0405 127 657 photo: Megan King of award winning Click Collective (AusMumpreneur Emerging Winner).

04.01.2022 Good news from Ausmumpreneur today. Bernadette has been shortlisted by the judges as a finalist in 3 awards: Emerging (for new businesses), Big Idea, and Peoples Choice Making a Difference (Community). https://ausmumpreneur.com/wa-and-sa-2020... Bernadette is humbled and grateful for the support. Thank you Ben for the nomination. Being a mum and starting a business during COVID presented many challenges, but with the support of Paul, my family, friends and the community we were able to reach our goal of 100 Wills in 3 months. Watch this space for our new goal. Congratulations to Bernadettes fellow finalists.

04.01.2022 DID YOU KNOW MARRIAGE REVOKES A WILL? MYTH: I HAVE A WILL AND MY WIFE GETS THE LOT A man buys a house. He meets a woman: they fall in love, she moves in and he asks her to marry him. He signs a Will which gives all of his assets (including the house) to his fiance. There is no contemplation of marriage clause in his Will. They marry. They dont have children. A few years later he has a car accident and dies. The marriage revoked his Will. The man has no Will. His wife will b...e entitled to household items and the first $75,000. Of the rest (which includes the house), she is entitled to and his parents/siblings are entitled to the other . When you are engaged, theres lots on your mind, and weddings are a big deal trust us, weve been there. Let us help you take some of the worry away. If you would like to give everything to your spouse, we can advise you on the appropriate clause to add to your Will so that when you marry, your spouse will get the lot. If you have a Will and subsequently married, see us and we can help you plan your Will so that if you wish to give everything to your spouse, you can. If you are engaged or have married and your Will is now revoked, see us. Were happy to provide a 10% discount on our fees call it our wedding gift to you. The above applies to both heterosexual and same sex marriages. This is a repost of an earlier post. Weve seen a number of clients who arent aware of their marriage revoking their Will, and theyve asked us to repost this for others to become aware. empower plan peace of mind [email protected]

03.01.2022 This is us, Bernadette Duell, principal lawyer, and Paul Terry, business manager. Great Southern Wills was formed by us, our family and we are Albany based servicing the Great Southern region. Why did we form Great Southern Wills?... In our 20 years of practising the law, weve pretty much seen it all. Families fighting over an estate. Wills being incorrectly drafted. Wills being out of date. People passing away without a Will. Widows having to sell their homes. Single parents having to survive on little money to raise the family often having to return to work full time. Families having to sell the farming land. Elderly parents signing an Enduring Power of Attorney without understanding the consequence. A child refusing to honour a parents medical wishes. There are no winners here. We would like to stop these from happening. We also found people didnt know much about Wills and estate planning. Many didnt know that if you marry or divorce this could revoke your Will. Many didnt know that your superannuation isnt part of your Will. Many thought you sign a Will and leave it in your filing cabinet like your birth certificate and passport and thats it. We also found that people didnt want to approach a lawyer for fear of being sent a big bill. So, some resorted to post office wills. We wanted to make a difference. And practice law differently. With a COVID redundancy in March 2020 that was a blessing in disguise, Bernadette turned her business plan into a reality launching Great Southern Wills with an emphasis on: - fixed fees that are affordable and transparent to the public; - 2 week turnaround on Wills; - educational posts on this page; and - empathy and compassion, you are more than just money, property and wealth. Thus, empowering people to plan and create documents that will give them peace of mind. We are grateful for our clients who have trusted us with their personal stories, their family stories, their wealth and their values. We have assisted them to pass these on to their loved ones. Bernadette is grateful for the knowledge passed down from her mentors, Wills and Estate Planning experts in Sydney who taught her most that she knows. Peter Bobbin and Phil de Haan to name a few. Thank you. We are grateful to pass this knowledge onto our clients right here in Albany and the Great Southern region. Ensuring peace of mind and a smooth transition of your legacy to your loved ones. If you want to keep up to date with our educational posts, like our page. Better yet, if you dont have a Will or need to update your Will, see you lawyer or us. Empower plan peace of mind [email protected] 0405 127 657

03.01.2022 Do you know that Wills on Wheels can travel to you Cant leave home because of the children, particularly a newborn? Have tradesmen at home and you cant leave? ... Have all of your kids in town and you want all of them in the dining room talking about your wishes? Frail and cannot fathom making the trip to Albany? Youve done your shop for the week already? You dont have to be a farmer for us to visit. Bernadette has visited many homes in Albany, Demark and Mt Barker and she is happy to continue making home visits. Your documents are at home and you are probably more comfortable at home. Let us bring the estate planning discussion to you! Lounge rooms and dining rooms are our favourite well bring the blank yellow note pad and lets plan your estate (writing upside down included!). To ensure added peace of mind, we do not charge for travel. Its part of our service. Part of our goal of ensuring everyone in the Great Southern has an up to date properly drafted Will and estate planning documents. #empower #plan #peaceofmind #willsonwheels Email [email protected] or call 0405 127 657 for an appointment. Well ask whether you wish to have an appointment at our office in town or at your home.

03.01.2022 Albany has a strong military history. It was an honour to watch the City welcome the 11th/28th Battalion as they exercised the right to Freedom of Entry on Saturday 14 November 2020. Freedom of Entry into a city by military units is a long standing tradition that dates back to Ancient Rome. ... Paul, Juliette and I watched the ceremony at Anzac Peace Park and driving home we were stopped at Grey St and Aberdeen Street as the battalion marched around us (lucky timing for us!). We remember the sacrifices our war heroes and current servicemen have made for our country.

03.01.2022 We love books... always learning, paperback is our preference. When you meet with us and if you have a short wait at reception, in addition to magazines and newspapers, we have books for you to read. Books for adults and children alike.. we also have toys to keep your little ones entertained! The photos show a small sample of our collection - we have lots of books at home. ... What book would you like to add to our collection?

02.01.2022 Saw this lovely post this afternoon while picking up our toddler from daycare. Thank you Sean for your wonderful review. We have over 14 reviews on our page since launching in April 2020. Have a read of what other locals are saying about their experience with us. ... For us, its about empowering you to plan and create documents that will give you and your loved ones peace of mind. We are honoured that you chose us to assist you. #empower #plan #PeaceOfMind

02.01.2022 THE GREATEST SELFLESS GIFT ORGAN DONATION My mum has been on dialysis for the past 4 years as her kidneys are failing. She has been on the kidney transplant list for many years. On Friday, she called us, excited and happy Im on my way to the hospital, Im receiving a new kidney. ...Continue reading

02.01.2022 Introducing GSW Gift Vouchers! A parent approached us recently and asked if we sell gift vouchers. This parent has their Will and Estate Plan sorted. However, his son does not have a Will in place.... His son turns 28* this weekend and for his birthday he wanted to give his son peace of mind. His son works and has superannuation and life insurance. He will own a home soon and he is in a relationship. His son wants to ensure that his wealth is given to the people he loves. The gift voucher was collected today. Give your loved ones a gift that will last a lifetime, a gift of peace of mind. We are happy to tailor a package that suits your family. My Workbook is included at no extra cost. *not real age, but he is young.

02.01.2022 YOUR HOME: JOINT TENANTS If you own your home as joint tenants, you dont own a divisible part. When you pass away the person you own your home with will own it. This is usually your husband or wife. It doesnt matter what your Will says. ... Your home also cant be contested by your adult children, your parents, a former spouse or anyone else, as it does not form part of your estate. This ensures that your husband or wife can continue living in their home for the rest of their lives. If you have enough superannuation and life insurance and it is paid to them, they can also live in their home mortgage free. How do you know if you own your home as joint tenants? It will say on your Certificate of Title or you can conduct a Landgate search. Empower plan peace of mind [email protected]

01.01.2022 Bernadettes primary school teacher, Mrs OBrien, said: USE YOUR DIFFERENCE TO MAKE A DIFFERENCE. This has been her life motto. And so, it is also at GSW.... We wanted to form a law firm that was accessible and affordable, a specialist in a regional area, and by empowering you to plan and create documents, we wanted to make a difference. Were grateful to have assisted many clients since we launched. Peace of mind often comes to mind. Below is one of many reviews we have received. Have a look at the reviews tab and read more.