New Clients

1. General Information

Thank you for enquiring about our estate planning services, the below contains:

• information for you to consider
• what you need to bring to your appointment
• costs

When you have read this, please call us to make an appointment. Our phone number is (03) 6224 9888.

First meeting

Estate planning meetings take between 30 and 60 minutes. We will discuss:

• your personal situation (relationship/s, children and any issues you or your family members may have)
• what you own and any debts you have
• any business, company or trust which you control
• what is to happen to these things after you die
• the person(s) who will decide things for you if you cannot.

Meeting attendees

We will need to see you on your own without any family or friends. Couples can come in together. This is so that no-one can say later that you were made to do things by someone else. If you need an interpreter let us know.

Other family members or friends are welcome to stay in our reception area while you are in your meeting.

Identification

We are legally required to identify our clients. Please bring identification documents to your first meeting. A list of documents is below.

Documents

Please bring these to our meeting:

• current statements for any superannuation and life insurance policies which show any beneficiaries you have named
• a copy of your family trust deed (if any)
• a copy of your self-managed superannuation fund deed (if any)
• copies of title searches for any properties you own (if you have them).

You may need to get copies of documents from your accountant or financial adviser.

Title searches – jointly owned property

If you own property jointly with someone and do not have recent copies of title searches, a title search can be done so we can be sure how the joint properties are owned. There are 2 ways of owning property jointly which have important differences when you die. The paper certificate may not be correct as some changes can be made where the paper certificate is not updated.

Costs

Estate planning is usually charged on a fixed fee basis. Please see the below notes for the costs we charge.

Accounts

When we meet to sign your documents in our office, you will be given copies of your Will you have signed, and your invoice. It would be appreciated if payment is made at the time if possible. If this is not possible we ask you to pay us within 14 days. If this is an issue for you please let us know.

The invoice will contain our legal costs and GST only. We will send you our Trust account details and costs for any applicable registration fees after your nominated people have signed and returned the documents to our office. Once the fees have been paid, we will register your documents.

a) Delay

If you are provided with advice and/or sent draft documents, and you do not respond to us within 3 months, you will be sent an invoice.

b) Not proceeding

If you decide not to go ahead after our meeting, you will get an invoice based on an hourly rate for the time spent with you.

Circulation of documents

Your Enduring Power of Attorney and Enduring Guardian need to be signed by your nominated people. We mail these to your people after you have signed with us. We will give them notes on what they are signing and a self-addressed envelope for easy return to us. Once they return to the documents to us we then get documents registered. This usually takes between 8 and 10 weeks. If you need urgent registration, please let us know.

Next step

Please contact our office on (03) 6224 9888 when you are ready to make an appointment or if you have any questions.

2. Estate Planning Costs

We will let you know at the end of our meeting which cost category your estate plan is in.

Level A

We charge level A costs for the most straight forward estate planning. It is usually where your Will gives all your assets to one beneficiary or a small number of beneficiaries. In this level there is no complicated clauses needed. There may be some specific gifts of a simple nature. You will also have simple binding death benefit nominations, enduring powers of attorney and enduring guardians.

Level B

This is where you have several beneficiaries (and back up beneficiaries), your wishes are complex, you are including a life interest, or you have some more complicated assets such as trusts and companies that we need to deal with. This also applies where we come to see you in a hospital, even if you are otherwise Level A.

Highly complex

This is where your estate plan includes the creation of testamentary discretionary trusts in your Will or you have complex entities and trusts that need consideration. It may also be where there is a risk that your Will could be challenged, and we have to take extra steps and time with you. For example we might need to talk to your doctor.

Our costs vary depending on whether you are a couple, if you need a single document or if you need one or more extra documents. The costs below do not include GST.

Level A

Level B

*Superannuation nomination/s does not include nominations for self-managed funds which are charged separately.

A package means wills, super nominations if required and one or more extra documents (e.g. Enduring Power of Attorney or Enduring Guardian).

Highly complex

All highly complex work will be charged at our hourly rate. You will be given an estimate of costs following our meeting.

Urgent documents surcharge

We reserve the right to charge extra for:

• complying with your request for an urgent appointment within 48 hours of your enquiry; and/or
• production of documents within 5 business days

Our costs are $500 plus GST for Sarah and Alice; $700 plus GST for Bridget.

Home visits

We do not charge extra for attendances on you in hospital or a nursing home located within 20km of the Hobart CBD.

We charge a call out fee of $150 plus GST for home visits in all other cases, provided you are within 20km of the Hobart CBD. For home visits outside the 20km radius we will give you our call out fee on a case by case basis.

Cost retainer agreement

If the work required is going to be $1,500.00 or more in legal costs (excluding GST and disbursements) we are required, under the Legal Profession Act 2007 (TAS) to send you a cost retainer agreement. We will do this after we meet with you.

Self Managed Super Fund (SMSF) and a Binding Death Benefit Nomination (BDBN)

If you have an SMSF we can prepare your BDBN. Our costs are $450.00 plus GST.

The professional fees quoted are valid for 3 months from the date of the letter enclosing these costs. Out of pocket costs such as filing fees with the Land Titles Office, and registration fees with TASCAT are valid until the end of the financial year when these fees are increased by the Government.

3. Your Will

A Will is a central part of your estate plan that we will discuss in your appointment. It is useful for you to consider the following before we meet.

Executors (Sometimes Called Trustees)

The executor is the person or persons that you appoint in your Will to administer your estate after you die. This means identifying your assets and liabilities, paying costs and then distributing your estate as your Will tells them to. The person or persons you choose must be trustworthy, have common sense and be willing to take advice from legal and or financial advisers. These advisers can help make it easier for your executors and make sure they know what they must do.

They must be an adult and you cannot have more than 4 executors in your Will. They can be a beneficiary in the Will. If you are appointing someone on their own, then you should name another person who can take on the role if the person you name cannot be your executor when you die. This might be because they are dead or just because they do not live in Australia.

You can also appoint an independent executor if you do not want family or friends to do it. Lawyers generally charge for their work as your executor based on the amount of work required. This is how TFR Lawyers charge for being your executor. This differs from trustee companies who charge for their work as executor as a percentage of your estate. If you would like us to act as your executor, we can discuss this at your appointment.

Beneficiaries

It is a good idea to have in your mind who your beneficiaries are going to be. You don't need to have thought about exactly how much of your estate is going to particular people but a rough idea is helpful. Also please think about what you want to have happen if any of your beneficiaries do not survive you. It may be that what they would have received from you will instead be given to their children. If that is the case, think about what age those children need to be before they can have that gift. If you don't say an age then the age will be 18.

You may like to include a charity in your Will or a gift to an organisation that you currently support that could benefit from even a small gift in your Will. It is helpful if you have their full name and ABN.

If there are any family issues that are influencing your estate plan it is important to let your lawyer know so that appropriate steps and advice can be given to you about these.

Assets and Liabilities

Part of the estate planning process is your lawyer making sure that your assets and entities pass to your chosen beneficiaries in an orderly manner. For this reason we will discuss your assets, any liabilities and any entities you may control. Assets held in your sole name will come under the control of your Will, while assets held in a trust or owned jointly may not.

Specific Items

Sometimes people like to gift items to specific people after they die. This is particularly the case with sentimental items. A general rule is that if it is important to you that those items go to your chosen beneficiaries then you should include this list in your Will. If it is more of a wish, guidance for your family, then you may like to prepare a list that does not form part of your Will, but in that case it is not legally enforceable.

If you have items of high value to gift you should think about whether, if those beneficiaries are also receiving a share of the balance of your estate, whether the value of those specific items is to be taken into account.

Shares

If you have shares of value it is important that you keep records of their purchase dates and prices that you paid. After your death, this is important information for your executor and beneficiaries if decisions need to be made about sale or transfer of shares. When we meet please let me know about any shares and whether you, your accountant or financial adviser have these records.

Guardians

In Tasmania you can appoint a guardian for any of your children who are under 18 at your death, if you are not survived by their other parent. This is called a testamentary guardian. Once appointed in your Will the powers and duties of the guardian are governed by the Commonwealth Family Law Act 1975. It is a good idea to appoint a testamentary guardian when your children are young.

There may be other questions that you have about your Will. Please write them down and bring them to our meeting.

4. Enduring Powers of Attorney

What Is An Enduring Power Of Attorney?

In Tasmania, a Power of Attorney is the way you can give the power to another person or persons (known as the Attorney) to make financial and legal decisions for you if you cannot do it yourself.

An Enduring Power of Attorney ("EPA") is the same as a Power of Attorney in that you appoint someone to make financial and legal decisions for you, but the person can act even if you cannot give them instructions anymore because you are mentally unable to.

Who Can I Appoint?

Anyone over 18 years of age. You can have one person acting alone, two or more people acting jointly or individually or a combination of both.

Restrictions And Conditions

Some clients like to specify that some acts can be done by an attorney alone, while other larger matters must be undertaken by all Attorneys together.

An Attorney under an EPA is not allowed to act for you in a way that means that they benefit, unless the EPA says that they can. Also an Attorney is not allowed to do anything for you which would mean that there is a conflict between them acting in your best interests and their own interests. If you want to allow this please let your lawyer know in your meeting.

Registration

In Tasmania, to be used, the document must be registered with the Land Titles Office. They charge a fee for this.

What If I Change My Mind?

You can cancel (revoke) an EPA at any time that you have the mental ability to. The Attorney must be told you have done this. If you cannot find the person then the cancellation needs to be registered at the Land Titles Office.

5. Instrument Appointing Enduring Guardian

What Is An Instrument Appointing An Enduring Guardian?

In Tasmania, an Instrument Appointing an Enduring Guardian (known simply as an Enduring Guardian) is the way by which you (known as the Appointor) can give the power to another person or persons (known as the Guardian) to assist you to make decisions about your medical treatment and lifestyle choices if you have impaired decision-making ability.

What Does It Cover?

Under the law in Tasmania, your Guardian can assist you to make decisions about:

1. where and with whom you live;
2. who may contact or visit you;
3. the provision of care services to you;
4. what education, training, or work you should undertake;
5. consenting to, or refusing, or withdrawing consent, to the provision of health care or medical or dental treatment;
6. consenting to, or refusing, or withdrawing consent, to the conduct of health and medical research; and
7. any legal matter(s) that relates to your personal affairs.

Who Can I Appoint?

Anyone over 18 years of age, if they are not employed to provide you with care. You can have one person acting alone, with another person named as alternative if the first Guardian cannot act. If you name 2 or more people to act at the same time they must act jointly.

Guidance For Your Guardian

You can simply appoint the people that you want to make decisions for you. In that case A guardian must:

1. respect and promote your decision-making ability. They must only make decisions for you where your ability to make decisions is absent.
2. In making decisions for you they must take into account your wishes and preferences at all times.
3. Your will and preferences must be followed, even if their personal view is that it is not subjectively in your best interests.
4. Unless they believe that following your will and preference would cause serious harm, or the risk of serious harm to you then it must be respected.
5. Promoting your personal and social well‑being is central.

If you want, you can write in the document the things that you do or do not want to have happen if you can no longer say what you want.

Some common examples of conditions have been included below for you to use if you would like to.

Registration Is Required

In Tasmania, it must be registered with TASCAT – Guardianship Stream. They charge a fee for this. We arrange this for you.

What If I Change My Mind?

You can revoke (cancel) an Instrument Appointing an Enduring Guardian at any time that you can do so. It must be done in writing and must be registered with TASCAT – Guardianship Stream.

Examples of Conditions You May Wish To Include In Your Instrument Appointing Enduring Guardian

Please note these are by no means prescriptive and are just examples of conditions that others have adopted.

I direct my guardian to consult my (relationship) (name) on any important decisions about my health and welfare.

If I require long-term care in a facility outside my home, I would prefer to live close to my (relationship), (name).

If there is little or no hope of me recovering from a terminal condition as judged by my Guardian to a degree which would enable me to feed myself or recognise or communicate with my Guardian either because of physical or mental disability, I do not want any measures taken to prolong my life, but want maximum effort concentrated on keeping me comfortable and free from both mental and physical distress, even if this hastens my death. In that event:

1. (optional extra) I do not want life support and do not want to be resuscitated
2. (optional extra) If I cannot feed myself, do not feed me nor give me intravenous fluids. I do not want tube feeding of any kind.
3. (optional extra) If I get a life threatening infection, do not treat it. Just keep me comfortable.
4. (optional extra) I do not want any blood transfusions, renal dialysis nor any invasive tests or procedures.
5. (optional extra) I want to be allowed to die in a dignified state.

When my guardian assumes his or her role, I direct my guardian to notify my (relationship) (name, address) of the nature of my illness.

Because of my religious belief I do not wish to receive a blood transfusion or blood products under any circumstances.

I direct my guardian to arrange for a priest of (my religion) to attend to me on a regular basis.

I am a registered organ donor and would like to donate any organs that can be used.

When my guardian assumes his or her role, I direct my guardian to advise my lawyer of my condition so that they may arrange for my Enduring Power of Attorney to take effect.

Please have something interesting for me to listen to by my bed if there is any chance at all that I might be able to hear and enjoy it.

Please keep my dignity and modesty intact (brush my hair, keep me covered etc).

Please tell the people that I love that I would want them to come and talk to me and keep me informed of their lives.

If death is imminent, please allow me to die at home and protect my children from the trauma. Consult a child psychologist on how best to do this.

6. Advanced Care Directives

What Is An Advanced Care Directive?

An Advanced Care Directive (ACD) is a way that you can give instructions about your future health care and treatment. You may give an ACD to specify health care treatments you would like to receive or refuse if you have impaired decision-making ability at some point in your life. A person (adult) has impaired decision-making ability about a health care decision if they are unable to understand, retain, use or weigh information relevant to the decision; or communicate the decision (whether by speech, gesture or other means).

Health care means any care, health service, procedure or treatment (including medical or dental treatment) provided by a health practitioner for the purpose of diagnosing, preventing, assessing, maintaining or treating a physical condition or mental illness.

When can I make an ACD?

You can make an ACD if you:

1. have decision making ability; and
2. understand what an ACD is; and
3. understand the consequence of giving an ACD.

You can instruct an adult acting on your behalf to complete an ACD form if you cannot do it yourself. The person doing it for you must complete the ACD form according to your directions and preferences.

When does an ACD come into effect?

An ACD comes into effect when you become unable to make or communicate decisions about your care and treatment.

How do you make an ACD?

You can make an ACD in writing, orally or by any other means that enables your directions, preferences and values to be documented.

There is an approved ACD Form which we can give you if you would like to do this. Just let us know when we meet.

Registration

You can register your ACD with TASCAT. There is an ACD Registration Application Form which must be completed and given to TASCAT with your ACD. If you have an ACD and would like us to register it for you please bring it with you.

There is no mandatory requirement to register an ACD. An ACD made in accordance with the Act will be valid even if it is not registered with the Tasmanian Civil and Administrative Tribunal (TASCAT).

Once your ACD is registered it is publicly searchable. We also recommend giving a copy to your family and medical professionals.

Revoking or varying an ACD

You can revoke an ACD at any time if you have decision-making ability and understand the consequences of revoking the ACD.

If your ACD is registered with TASCAT, you must complete and lodge a Notice of Revocation of a Registered ACD Form with TASCAT.

If you want to change what you have written in an ACD the only way to do this is prepare a new ACD and have it registered.

Role of TASCAT

TASCAT may hold a hearing concerning an ACD and can make determinations about

• a review of a matter dealt with by the Public Guardian concerning an ACD;
• the validity of an ACD;
• revoking or varying an ACD where the person who gave the ACD has impaired decision-making ability; and
• advice and directions from TASCAT concerning an ACD.

7. Verification of Identity (in person meetings only)

Tasmania is following other Australian States with the gradual introduction of online property transactions. A critical part of this is making sure that the client is identified by the person acting for them. As a result, TFR are now following the legally required (for property transactions) process of identification for all clients we meet in person. As this is not a legal requirement for estate planning, we acknowledge there may be situations such as hospital attendances, where this is not practical.

Verification of Identity Standard

The verification of identity must be conducted during a face-to-face interview.

The professional you meet must sight the original identification documents during the interview starting with Category 1 and must be satisfied that a prior Category cannot be met before using a subsequent Category. We must retain copies of all documents produced.

What do I need to provide?

Below is the list of documents that can be used to identify you. If you do not have the first 2 documents in Category 1, we then move down through the categories until there is one which you are able to comply with.