Wills and Estate Planning

Scammell & Co. is one of South Australia’s leading providers of wills and estates services. We have built an enviable reputation for quality and thoroughness so you can trust us to take care of your needs no matter how complex they are. Having a will made by an experienced and knowledgeable lawyer provides peace of mind and ensures your final wishes are carried out, including what happens to your assets after you die.

Our estate lawyers can help you create a will that:

  • avoids the likelihood of it being contested or declared invalid

  • complies with the Succession Act 2023 (SA) and probate rules

  • distributes your estate precisely as you intend

  • minimises the tax paid by your beneficiaries
  • prevents unnecessary estate administration costs and delays.
A will that complies with probate rules prepared by a wills and estates lawyer in Adelaide

“[my lawyer] provided a highly professional service and their estate planning expertise is second to none.”

- Phil, Renmark

Our Wills and Estates services include:

Estate Planning

Estate Planning ensures your beneficiaries obtain the maximum benefit from your assets at the minimum tax rate. Unlike standard wills, estate planning wills offer your beneficiaries the option to take their inheritance via a Testamentary Trust managed by one or more people called trustees.

A Testamentary Trust comes into effect upon the death of the will maker and is a separate structure that holds estate assets for beneficiaries. It is a tax-effective mechanism for passing assets through different generations and provides flexibility for beneficiaries as to how and when they take their inheritance.

You can establish a testamentary trust in your will and appoint anyone to be a trustee, including the executor of your estate or one of your beneficiaries. They will be responsible for distributing capital and income between your beneficiaries at any time and in any proportion.

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Powers of Attorney

A Power of Attorney is a document that gives a person the power to act on your behalf while you are alive in relation to your legal and financial affairs. Powers of Attorney cease upon your death, at which time your will comes into effect. There are two forms of Power of Attorney:

  • General POA: an authority given to one or more persons to manage your finances, tax, social security, assets, investments, and legal affairs
  • Enduring POA: operates when you become legally incapacitated.

Advance Care Directives

An Advance Care Directive sets out your wishes regarding future healthcare, accommodation and lifestyle decisions. It:

  • sets out legally binding refusals of healthcare
  • enables you to appoint someone as your substitute decision maker if you are unable to make decisions for yourself
  • is becoming a mandatory requirement for nursing homes, hospitals and doctors.

Our wills and estate planning lawyers can prepare these important documents for you.

Wills Lawyers and Estate Planning Lawyers – Adelaide

One of the important things a person should have in place is a valid and up-to-date Will. Having a Will made by an experienced and knowledgeable lawyer provides peace of mind and ensures your final wishes are carried out, including what happens to your assets after you die.

Scammell & Co is one of South Australia’s leading providers of Wills & Estates services. We have established an enviable reputation for quality and thoroughness. No matter how simple or complex your estate planning needs are, our lawyers have the expertise to provide customised Wills and Estate Planning

Our Wills and Estates services include:
Wills (new or updated)
Tax implication advice
General and Enduring Powers of Attorney
Administration of Deceased Estates
Advance Care Directives
Grant of Probate applications
Testamentary Trusts
Contested Wills and Estates
Company Trusts
Superannuation Claims

Is your Will valid and up-to-date?

Life consists of many stages and milestones and it is important that your Will reflects your changing circumstances. You need a new or updated Will if:

You have married, separated or divorced;
You have entered a new relationship – and in the process formed a blended family;
You have had a baby or become a grandparent;
You have bought a house or acquired another asset;
You have lost a loved one;
You have recently retired; or
A beneficiary or appointed executor in your existing Will has passed away.
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Wills and Estate Planning Appointments

For your convenience Scammell & Co offers several options to get your Wills and Estate Planning needs underway. Initial consultations and follow-up appointments are available via:

  • Phone and video conferencing;
  • Face-to-face at any of our offices located in Adelaide, Walkerville, Port Adelaide, or Gawler;
  • In-home, workplace, aged care facility, and hospital visits; or
  • After hours appointments for urgent matters.

Scammell & Co offers competitive fixed-fees for simple Wills, Powers of Attorney and Advance Care Directives with discounts offered on combinations of these. Discounts are also offered to Seniors Card and Concession Card holders.

Call or email us today to speak with our Wills & Estates team about your needs, or to book an appointment at an office convenient to you.

Disclaimer: Due to our competitive fixed-fee pricing structure for Wills, Powers of Attorney and Advance Care Directives, the FREE 30 minute offer for initial appointments does not apply.

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A quality Will is an investment in your family’s future

In recent years there has been an uptake in home-made and online Wills. On the face of it they seem an inexpensive solution but it is very much a case of buyer beware. Low-cost Will options are often found to be low-quality and more expensive in the long-run. These types of Wills are also often found to be invalid for not meeting the requirements of the Wills Act and the Probate Rules. Moreover, they are the most probable cause for the massive increase in Inheritance Claims and contested Wills and Estates. Below is a table highlighting the differences between a Scammell & Co Will and a home-made or online Will:

SCAMMELL & CO WILLS
Legally valid.
Verification of Identity.
Your questions answered.
Personal and attentive service.
Drafted by an experienced Estate Planning lawyer.
In-home, aged care facility or hospital visits available.
Ongoing support, advice and revisions available.
Secure Will storage at no extra cost.
Face-to-face or video conferencing appointments available.
Customised for you to achieve tax minimisation and asset protection for beneficiaries.
Customised Powers of Attorney

(additional fee).
Customised Advance Care Directives (additional fee).
Make your Will, Power of Attorney and Advance Care Directive together and save!
Deceased Estate Administration service.
Cost is minimal compared with additional taxes and legal costs your family may incur with a do-it-yourself Will.
HOME-MADE and ONLINE WILLS
Will is not valid if made under duress or undue influence.
Will may incorrectly deal with your superannuation.
Will is not valid if testator not of sound mind, memory and understanding.
Will may create tax liabilities and legal fees that could have been minimised, or avoided.
Will is informal if not signed and witnessed according to the rules of the Wills Act and the Probate Rules
Expensive additional legal documents will be required after death if there is any irregularity in the requirements.
If a Will is unclear, assets are not described correctly, or does not follow rules, it can end up in a lengthy Court case.
It is false economy to prepare a home-made or online Will if your beneficiaries are put to extra legal costs after your death.
If your Will is invalid State Legislation decides how your estate is distributed, which may differ from your wishes.
Your Will may inadvertently not be in the best interests of your beneficiaries and their individual circumstances.
If you have married more than once, your Will may unintentionally deliver your assets to the wrong branch of your family.

Frequently Asked Questions

When should I update my will?

You need to update your will when you:

  • become a grandparent
  • buy a house or acquire another asset
  • enter a new relationship
  • get married, separated or divorced
  • have a baby
  • lose a beneficiary or appointed executor in your existing will
  • lose a loved one
  • retire.
Adelaide estate lawyer and probate lawyer advising executors on probate, wills, assets and estate planning

Why shouldn’t I make my own will?

If you make your own will, problems may arise when it comes to executing it if you forget to:

  • adequately describe your assets
  • appoint a substitute executor
  • correctly complete your executor’s details
  • initial any alterations you make
  • sign your will or have it witnessed.

Why should I make an Enduring Power of Attorney?

If you unexpectedly become ill or have an accident, you may become unable to make legal or financial decisions (temporarily or permanently). Making a Power of Attorney while you are of sound mind will avoid the expense and complications which may cause difficulties for your family.

Probate lawyer in Adelaide supporting executor litigation, probate law, wills, property and assets

Why should I complete an Advance Care Directive?

An Advance Care Directive makes it easy for others to know what your wishes are when you are unable to make decisions about your future health care, end of life, living arrangements and other personal matters yourself. It gives you peace of mind to know that you have made your wishes clear and that they will be respected.

Lawyer for probate handling wills, property, assets and executor duties under probate law in Adelaide
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