Tim Pepper & Associates

Taxation Planning

At Tim Pepper & Associates, our taxation planning includes:

Self-Managed Superannuation Fund (SMSF) Wind-Up
Superannuation Nominations of Death Benefits Special Advice
Interdependency in Superannuation Benefit Tax Taxation Appeals
Specific ATO Advices
FIRB Applications

We can assist you in how to get an interdependency claim – assessed by the Australian Tax Office (ATO) – to reduce tax to zero on Superannuation Death Benefit to adult children and the spouse; and converting your rental properties to a business to reduce tax to zero.

Self-Managed Superannuation Funds (SMSF)

In addition to you appointing an accountant or financial adviser to help set up and run your self-managed superannuation fund (SMSF), you will find that seeking legal advice from Tim Pepper & Associates is beneficial to you.

SMSF is a type of trust. We can help you draft a trust deed to form your SMSF and the deed sets out the rules for establishing and operating the fund.

As the trustee of your SMSF, you will handle all investment decisions and the associated risks, as well as ensuring compliance with super and tax laws. We advise individual trustees and corporate trustees on various trust-related matters.

Trusts

There are many types of trusts, and it can be confusing for you to know which one is suitable for you. We advise on trusts depending on your purpose and who is involved so that you can choose which trust is right for you. We have experience in advising on:

Superannuation Trusts
Testamentary Trusts
Discretionary Trusts (Also Known as Family Trusts)
Fixed Trusts
Unit Trusts
Hybrid Trusts
Charitable Trusts
Bare Trusts
Blind Trusts

We provide solutions to address your needs and resolve trust-related issues.

Business Advisory

Getting the right legal advice for setting up your business is vital and akin to building a home with a solid foundation.

At Tim Pepper & Associates, we provide a range of business setup services, including registering your company, setting up your partnership, and drafting your various commerce-related documents such as:

Shareholders Agreement
Limited Partnership Agreement
Limited Liability Agreement
Licensing Agreement
Agency Agreement
Non-Disclosure Agreement
Employment Agreement
Joint Venture Agreement

Enduring Power of Attorney (EPA)

An Enduring Power of Attorney (EPA) is a legal document and a deed, which allows a person who is at least 18 years of age ('Donor'), to voluntarily appoint one or more persons ('Donee(s)') to make decisions and act on his or her behalf if he or she loses mental capacity one day. A Donee can be appointed to act in the broad area of property & financial affairs matters.

The EPA also gives the authority to the Donee to sign deeds on the Donor's behalf. EPA enables a person to make a personal, considered choice of a trusted proxy decision maker, who is reliable and competent to act in his or her best interests should he or she lose mental capacity one day. EPA alleviates the stress and difficulties faced by loved ones if the person loses mental capacity without an EPA in place. You give them access to your bank accounts to settle your financial affairs if you become incapacitated; and if they have been given the original copy of your executed EPA.

The EPA can also function as a Power of Attorney (POA).

A Deed is:

An instrument used to appoint another individual to act on your behalf.
An instrument used to transfer an interest in immovable property (in the case of an EPA, Donee(s) may be able to do so on behalf of the Donor).

Wills

A last Will and testament are one of the most crucial legal documents that allows you to direct where your property will go upon death. The best Will for you depends on your specific estate plan and your unique circumstances. You need to see us to prepare a Will that suits you best.

Simple Wills (Standard Wills / Basic Wills / Property Wills)

It is a legal document that allows you to decide who will receive your assets and name a guardian for any minor children.
Allows you to bequeath a gift (that is, specific assets or finances) to a person of your choosing.
Best for people owning a narrow portfolio of assets.
It is not suitable if you have blended families or had multiple marriages and have children from more than one relationship.
Simple Will can be a starting point for you and replace it with a more robust Will as you earn more assets and have children subsequently.

Testamentary Trust Wills

A testamentary trust will is intended for Will-makers with underage beneficiaries or to protect inheritance recipients – by placing assets into a trust for the benefit of your beneficiaries, and you nominate a trustee(s) to handle it.

You will be able to control the asset distribution and set conditions on the inheritance, such as age, transfer purposes or other factors.

This involves a sophisticated estate planning strategy for the testamentary trust, which will be set up upon the death of the Will-maker, to be established as a long-term estate plan to safeguard your lovedones' future.

At Tim Pepper & Associates, you can have peace of mind with a Will that comes with a testamentary trust, and that, optional trusts can be set-up for individual beneficiaries.

Joint Wills

Intended for couples or spouses who want the other to receive their assets upon death. Both sign a Joint Will, which is a single document, to create a shared estate plan. The terms here—including same executor and beneficiaries, and other provisions—cannot change even after the death of one partner.

We do not recommend, as a Joint Will is irrevocable after one partner dies, and it can become problematic for the surviving partner to change their estate plans.

Mirror Wills

Mirror Wills refer to identical wills written by couples or spouses, and in most instances, both partners leave their estate to the other and share the same secondary beneficiaries. Unlike joint wills, mirror wills are two separate documents. A surviving partner can change their will to change the original estate plan at their discretion.

Mutual Wills

Mutual Wills are ideal for couples or spouses who agree to be legally bound not to change their Will without the consent of the other partner. Include a contract formed between couples or spouses, whereby it specifies the instructions/conditions of their wishes when one of them has passed on.

This contract survives even upon the divorce, unless the partners agree to revoke it; and the terms of the Will still take effect on the remarriage of the surviving partner.
Commonly used for blended families when partners have children from a previous marriage/relationship they want to leave assets to.
Main benefit is it helps to ensure that a certain part of the estate goes to the surviving partner and another part or set gift(s) goes to the deceased's children.
Mutual Wills can become problematic for the surviving partner to change their estate plans, and it is difficult to change the terms in the mutual wills after one partner dies.

Succession Planning for Business Owners

What happens to your business when you are no longer around? Or want to retire? Our team at Tim Pepper & Associates will help you iron out the challenges as a business owner when you strategise an “exit plan” from your business to enjoy retirement and/or plan the transition of the business to your successor(s).

We understand and we are aligned with your goal to ensure that your business succession plan is a smooth and seamless transition of ownership while protecting profitability.

Probate and Deceased Estate Administration

We’re here to assist when you need us the most! Our experienced and compassionate solicitors can help you during your most difficult time after losing a loved one, whether it is to provide you with advice on Wills and deceased estates, apply for a Grant of Probate, apply for Letters of Administration, and handle requisitions by the Supreme Court of Western Australia - Probate Registry (the Court).

You need to apply for:

Probate (if the deceased has left a valid Will and you are named as an executor)
Letters of Administration - Intestate (if the person died without leaving a valid Will and you are a family member entitled to the distribution of the deceased’s estate in accordance with the Administration Act 1903 (WA))
Letters of Administration - Will Annexed (if the deceased has left a Will, but the executor has died or is unable to act; and you are named as beneficiary)

The Grant of Probate or Administration are documents issued by the Court which serve as official evidence of the Executor’s or Administrator’s authority to deal with the banks, financial institutions, Land Registry, and share registries relating to the assets and liabilities of the deceased’s estate.

At times, applying for a Grant can be a complex matter, as many issues can often arise even when a deceased has left behind a Will.

For example:

Scenario 1: Father had a car accident. Before he drew his last breath, he used his index finger to write on the muddy ground that he wishes to leave everything he owned to his children. Is his dying wish considered a Will? Yes, it can be.
Scenario 2: Mother executed a Will. The son gets hold of it and destroys it. Is this still a valid Will? YES. The Will can only be revoked by destruction by mother.
Scenario 3: Daughter helps mother prepare her Will leaving everything to herself, omitting other siblings. Is the Will still valid? NO, if mother lacks knowledge and understanding of the Will.
Scenario 4: Benny aged 15 gets to star in a TV show and wants to leave his wealth to his friend. Can he make a valid Will? NO, he’s underage, as he's only 15. He will need a statutory Will.
Scenario 5: Z, who resides in Australia and has assets in Indonesia. Can she make a Will? YES, she can make an international Will for her overseas assets.
Scenario 6: Son applies for Probate as late mother left a valid Will. The original Will document was chewed up at the edges by their family dog. Can he still apply for Probate? YES, he needs to prove that the Will was not destroyed by the Will-maker.

The list of scenarios is non-exhaustive, and these are a few examples of the complex probate matters and Will-related issues that our team at Tim Pepper & Associates has dealt with frequently over the last 30 years or so.

Rest assured that you are in safe hands when we assist you and your family during what could be the most gruelling time of your life dealing with the loss of a loved one.

If you are interested to know more about what we do, follow and connect with Tim Pepper & Associates on Instagram, Facebook, and LinkedIn.

Elder Law Planning

To help our clients navigate the inevitable life stage of ageing and to prepare them for their golden years, Tim Pepper & Associates can help to prepare you for financial freedom and autonomy with the help of:

A smart estate planning or succession planning for retirement
The right Will construction
Your appointing of trusted and capable proxy decision maker(s) - such as Enduring Power of Attorney (EPA) and Enduring Power of Guardianship (EPG) preemptively in the occurrence of incapacity
Resolving superannuation issues
Giving advice relating to abuse, discrimination and dispute and contractual advice relating to long-term care options

Need further guidance or assistance related to elder law matters? Don’t hesitate to contact us.

Our Fees Structure

Fixed Fees Available

At Tim Pepper & Associates, most of our charges will be fixed fee costs so that our clients are aware of their exposure to costings upfront.

For NEW estate planning matters, we charge a fixed rate of $660.00 (incl. GST) for initial one-hour conference. If you proceed to engage our legal services, depending on the type of Wills, the final bill may be adjusted to offset the conference fee paid.

For a Simple Will, we charge a fixed rate of $700 (excl. GST & disbursements) to prepare your document including attend to initial 30-minute conference.

Peace of Mind Bundles

At Tim Pepper & Associates, the costs of preparing a comprehensive estate plan will be entirely dependent on the complexity of your Estate Planning requirements.

Currently, we offer Peace of Mind bundles comprising:

Testamentary Trust Will, Powers of Attorney & Guardianship for one person @ $1,800++
Testamentary Trust Wills, Powers of Attorney & Guardianship for a couple @ $3,300++

The above-quoted costs are estimated costs excluding GST and disbursements and subject to change due to the complexity of the client’s Estate Planning requirements.