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Many of the nut-based foods you buy are sold in grocery stores and other convenience stores, and you are not guaranteed the quality, Tishmans advice said.
Introduction
As the old adage goes, there are only two things that are certain in this world: Death and taxes. We are somehow coerced to think about taxes on a regular basis – certainly at least once a year. In the case of death, however, most people would rather not think about it at all especially when your young and healthy. Such reticence, although understandable, can have far-reaching consequences regarding the division of your estate after your death. It is, therefore, recommended that you spend some time (preferably in the company of a professional Financial Adviser and Estate Planning Lawyer) to put things in their proper perspective as far as your estate is concerned. Don’t put this off until your later years since no one can be certain when your time will be up.
By implementing a bit of responsible estate planning, you can spare yourself from committing the serious mistakes discussed in this article.
Mistake #1 – Not Appointing Legal Guardians for Your Children
It isn’t pleasant to think about death and what will transpire when we’re gone, but this is one of those dreadful things that you just have to deal with for the sake of your children. This is of utmost importance when it comes to the future of underage children. Your top priority here must be to appoint legal guardians who will oversee the welfare of your children should you die prematurely.
You must appoint someone, and obtain their agreement, to look after your children. If you fail to do this, a Judge may have the discretion to determine who will care for your children. Unfortunately, a Judge may appoint someone who you regard as unfit. In a worst-case scenario, your children could even end up in foster care. This is, therefore, a very important issue that you should address immediately if you still have children living at home.
Here are some questions that you should ask when considering who to appoint as guardians:
- Will they agree to take on this responsibility?
- Do they have a good bond and relationship with your children?
- Do they share the personal and religious values that you impart to your children?
- Are they emotionally, financially, and physically (both in terms of their health and their living arrangements) up to the task?
- Are they able to accept this responsibility?
Mistake #2 – Not Having a Professionally Drafted Will in Your 30s and 40s
Unlike some of the other mistakes that will be profiled in this article, most people are already aware of the risks of not having a Will. Unfortunately, however, this does not prompt many to take definitive action. It is therefore worth highlighting some of the perils of failing to correctly draw up a legally binding Will:
- It’s likely that your assets will not be distributed in accordance to your wishes. Sadly, this can also lead to serious family conflict, which is the last thing that most people would want their death to be associated with.
- You will be declared ‘intestate’ if you die without a Will. This means that your assets will be disposed of according to stringent regulations drawn up by the government. It is also possible, under certain circumstances, that a portion of your estate could end up in government coffers.
- Winding up an estate where the deceased passed away intestate often takes considerably longer than when a legitimate Will is in place (particularly in cases where the applications of the intestacy formulas are disputed). This fact can potentially lead to significant hardship to your loved ones.
- The formal procedure to apply for division of your estate according to the rules of intestacy requires an application to the Supreme Court for Letters of Administration. This is quite likely to result in unnecessary legal and administrative expenses.
Considering the above, it must be clear that drawing up a legally enforceable will must be moved up your priority list, and preferably flagged with ‘Urgent Priority’ status.
Mistake #3 – Not Making Use of the Benefits of Testamentary Trusts
A Testamentary Trust may be included in a Will as a way of ensuring a greater level of control over the manner in which assets are distributed to beneficiaries. Using a Testamentary Trust may also result in substantial tax and asset protection benefits especially if you have children under the age of 18. There are two types of Testamentary Trusts:
- Discretionary Testamentary Trust: This is where the Trustee has the option to distribute income and capital in the same or varying proportions among a group of beneficiaries named in your Will (such as your partner and children). The Executor gives the beneficiary the option to take all or a portion of the inheritance as part of the Testamentary Trust. The primary beneficiary has the power to remove and appoint the Trustee. They can also nominate themselves as the Trustee and thus manage their inheritance inside the trust.
- Testamentary Trust: Here the beneficiary has no choice not to take his/her inheritance as part of the trust. In addition, the beneficiary does not have the option to appoint or remove the Trustee. This is, therefore, a more restrictive scenario, and this type of trust is frequently used in cases where the beneficiary is not deemed to be in a position to effectively manage their inheritance due to age (i.e young children), disability, or poor spending tendencies.
The main advantages of these types of trusts are the opportunities they provide regarding the protection of assets, and the reduction of taxes incurred by beneficiaries on income arising from your estate.
If the beneficiary takes it in their own name, they will have to pay tax on such income at their marginal tax rate. However, if a Testamentary Trust is in place, the impact of taxation can be offset considerably. Hence it is highly recommended that drawing up a trust must be investigated in cases where the beneficiary has:
- A high personal marginal tax rate
- A partner on a lower income
- Minor children and grandchildren
We strongly recommend that you discuss setting up such a trust with a competent and qualified financial adviser to ensure that the inheritance of your beneficiaries can be protected and preserved.
Mistake #4 – Not Understanding the Place of Superannuation in Your Estate
Many people have the notion that their estate planning is, more or less, done and dusted once they have a Will in place. What they fail to realise is that their Will does not cover a significant part of their assets (e.g. superannuation).
You do not technically hold your superannuation fund in your own name, and it does not formally form part of your estate. It is held by a super fund on your behalf, and if a super fund is holding assets for