Asset protection is multi-faceted and requires careful integration of all matters affecting your personal and business affairs as a whole. Matters to be considered include:
- Establishing appropriate business structures and/or trusts
- Moving assets away from the business owner/director to family members
- Implementing personal risk and business insurances as part of an overall risk strategy
- Estate Planning which includes preparing (then regularly updating) your will to clarify your wishes and for protecting assets held outside your Will through establishing appropriate structures
- Ensuring well-considered contracts are in place for activities and transactions between parties
While it can be a difficult discussion, a thoughtfully prepared will and estate plan that articulates wishes and provides clear direction for distribution of assets including those outside the will, is a cornerstone of properly organised personal affairs.
For everyone, but particularly high-earning executives and senior managers who may have accumulated significant wealth and assets during their career, implementing a will (or regularly reviewing and updating an existing will) and estate plan is a must-do that serves to provide an important legacy for family members and dependants.
Clear instructions and proper structuring can also alleviate problems associated with unwelcome claims on the estate or individuals contesting wishes.
Will and estate planning considerations for executives and senior managers include:
- Will & Enduring Power of Attorney preparation
- Asset protection strategies and structures including testamentary trusts
- Succession planning
- Family law matters (e.g. blended family issues)
- Advance health directives
- Binding nominations for life insurances and superannuation beneficiaries
- Estate administration including managing interstate and international matters
- Estate litigation including trust disputes, mediation and family provision matters
Changes in personal relationships can have significant financial impacts. Whether those changes are due to marriage or divorce, it is important to have a clear understanding of the legal matters that could impact individual circumstances, and those jointly held.
Executive Strategies provides access to qualified legal advice in matters relating to:
- Separation and divorce
- Prenuptial agreements
- Asset Protection
- Dispute resolution
- Property settlement
Access to qualified advice and legal representation supports executives and senior managers who may be managing employee disputes or navigating their own personal workplace or employment issues.
Employment law and industrial relations matters require astute advice and clear strategy for resolving problems and avoiding protracted litigation. Key areas of advice include:
- Employment agreement drafting and advice
- Interpretation and upholding the Fair Work Act
- Unfair dismissal advice and representation
- Disciplinary action and performance management
- Harassment, bullying and discrimination litigation
- Workplace dispute resolution and litigation
- Preparation/review employment contracts particularly for executive level personnel
- Advice regarding rights and obligations of employers and employees
- Termination of employment
- Post-employment restraints
- Workplace policy and procedure drafting
- Risk management
Whether negotiating terms for business transactions or personal matters such as employment and remuneration agreements, a water-tight contract that considers the eventualities of all activities and outcomes between two parties requires precise drafting, and in the event of a dispute, informed representation.
Contracts law is wide ranging and includes drafting new contracts, reviewing and updating existing terms and conditions, identifying risks and discrepancies, negotiating contracts, terminating contracts and recovery of damages.
Buying and selling property for personal use or investment purposes requires a thorough legal process that includes:
- Contract advice, drafting / review
- Property searches and completion of due diligence
- Transfers and stamp duty advice
- Coordinating settlement