EPSS FEES

Fees - Estate Planning, Superannuation, Trusts, Tax and Asset Protection

Our fees for the preparation of estate planning, superannuation and trust documents are set out as follows:

Part 1 - Testamentary and protective trusts (both beneficiary and executor controlled)

Part 2 - Self managed superannuation funds (full service documentation)

Part 3 - Family, unit (fixed and hybrid) and capital reserved trust Deeds

Part 4 - Special purpose trust Deeds

Part 5 - Other estate planning documents, eg powers of attorney

Part 6 - Information regarding advice concerning structuring and preventative planning issues; charging for meetings and telephone consultations, and the prepartion of non standard estate planning, structuring and trust documentation.

Part 1:

Testamentary and Protective Trusts - Beneficiary and Executor Controlled

Document
(within a Will)

Document Fact Finder(FF)
& Pocket Summary(PS)
(for further reading)

Minimum Cost#
(including GST)

Beneficiary controlled
testamentary trusts
(BCTTs)

FF: Estate planning
PS: Beneficiary Controlled
Testamentary Trusts

$1,100 single Will &
$1,320 pair of Wills

BCTTs + CGT & land tax
clauses for family home

FF: Estate planning
PS: Life interests and rights
of occupation

$1,320 single Will &
$1,540 pair of Wills
BCTTs with staggered
time release of control
of funds

FF: Estate planning
PS: Beneficiary Controlled
Testamentary Trusts 

$1,320 single Will &
$1,540 pair of Wills
BCTTs + executor
controlled fixed, flexible
or partly life interest
FF: Estate planning
PS: Life interests and rights
of occupation
$1,760 single Will &
$1,980 pair of Wills
BCTTs + executor
controlled capital
protected testamentary
trust
FF: Estate planning
PS: Types of testamentary
trusts
$1,760 single Will &
$1,980 pair of Wills
BCTTs + executor
controlled special
disability and/or all
needs protective trust
FF: Estate planning
PS: Vulnerable beneficiaries
$1,320 single Will &
$1,540 pair of Wills
Special disability + all
needs protective trust
(but no BCTTs)
FF: Estate planning
PS: Vulnerable beneficiaries
$660 single Will &
$825 pair of Wills
Additional clauses referring
to a self managed
superannuation fund
(SMSF)

FF: Estate planning
PS: Binding death benefit
nominations

Hourly rates
Additional clauses
referring to a family trust
FF: Estate planning
PS: Family trusts- Second
generation
Hourly rates
Additional clauses creating a
fixed life interest
FF: Estate planning
PS: Life interests and rights
of occupation
$660 single Will &
$825 pair of Wills
Additional idiosyncratic
clauses
  Hourly rates
Charitable testamentary
trust
  Hourly rates

# Note: For all estate planning involving the preparation of testamentary trusts, the total price will consist of the document price + fees for the initial and final consultation, any additional or tailored drafting required and any searches or couriering of documents.

Part 2:

Self Managed Superannuation Funds - Full Service Documentation

Document

Document Fact Finder(FF)
& Pocket Summary(PS)
(for further reading)

Minimum Cost
(including GST)

Establishment of an SMSF* FF: SMSF-establishment
PS: Self managed
superannuation funds
$440
Variation of an SMSF
documentation**

FF: SMSF-variation
PS: Self managed
superannuation funds

$550
Review of the death benefit
clauses in a SMSF

FF: Super death benefits
trusts
PS: Superannuation
death benefits trusts

$220
Binding death benefit
nomination (including
immediate & reserve
nominations)

FF: Binding death benefit
nomination

PS: Binding death benefit
nominations

$330 single &
$385 pair

Binding death benefit
nomination-with special
conditions

FF: Binding death benefit
nomination
PS: Binding death benefit
nominations
Hourly rates for
additional
drafting
Change of trustee for an
SMSF
FF: SMSF-change of
trustee

PS: Self managed
superannuation funds
$330
Admission of new member
to an SMSF
FF: SMSF-admission of
new member
PS: Self managed
superannuation funds
$250 + $50 for
each additional
new member
Preparation of account
based non-commutable
SMSF transitional to
retirement pension
documentation
PS: Superannuation
pensions
$825 single,
$990 pair
Account based commutable
SMSF pension documentation
PS: Superannuation
pensions 
$825 single,
$990 pair 

Tailored SMSF Deed (with
specific future control
provisions) and account
based non-commutable
SMSF pension documentation

FF: SMSF - establishment
PS: Self managed
superannuation funds
Hourly rates
General consulting & advice   Hourly rates

* Note: For establishment of an SMSF, documents prepared include trust Deed, product disclosure statement, member application form, sample letter to an employer, binding death benefit nomination pro forma and guide, summary letter, checklist and trustee minutes.

** Note: For variation of an SMSF Deed, documents varied include trust Deed, product disclosure statement, binding death benefit nomination pro forma and guide, summary letter, checklist and trustee and member minutes.

Part 3:

Family, Unit (Fixed and Hybrid) and Capital Reserved Trust Deeds

Document

Document Fact Finder(FF)
& Pocket Summary(PS)
(for further reading)

Minimum Cost
(including GST)

Family trust Deed & ancillary
documents
FF: Family trust
PS: Family trust
$385
Fixed unit trust Deed &
ancillary documents
FF: Unit trust - fixed
PS: Unit trusts-fixed &
hybrid
$495
Hybrid trust Deed with
voting units only & ancillary
documents

FF: Hybrid unit trust
PS: Unit trusts-fixed &
hybrid

$770
Hybrid trust Deed with
income & voting units
& ancillary documents

FF: Hybrid unit trust
PS: Unit trusts-fixed &
hybrid

$990
Hybrid trust Deed with
capital & voting units
& ancillary
documents

FF: Hybrid unit trust
PS: Unit trusts-fixed &
hybrid

$990
Non-fixed unit trust
Deed & ancillary
documents
PS: Unit trusts-fixed &
hybrid
$990 +
consultation
Sole purpose insurance
bond trust & ancillary
documents
FF: Sole purpose
insurance bond
PS: Types of trusts
established by Deed
$495
Capital reserved trust
Deed & ancillary documents
FF: Capital reserved
trust
PS: Types of trusts
established by Deed
$990 +
consultation
Victorian farm transfer
trust Deed & ancillary
documents
FF: Farm transfer trust
PS: Farm transfer trust
$990 +
consultation
Review of succession
clauses in family trust
Deed
FF: Family trust
PS: Family trust
$330
Full review of a family
trust Deed (for existing
family trust Deeds)

FF: Family trust
PS: Family trust

Hourly rates
Amendments to existing
family trust Deeds dealing
with trustee powers eg to
deal with future control
PS: Family trust Hourly rates
Change of trustee for any
of the above trust Deeds
  $330
Deed of restatement for
family trust (lost trust
Deed)
  Hourly rates
Declaration of absolute
entitlement ("bare") trust
  Hourly rates
Other tailored trust Deeds
& specific drafting
  Hourly rates
Review of existing or draft
trust Deeds
  Hourly rates
General consulting & advice   Hourly rates

We emphasise that the mere preparation of a suitable trust Deed will not necessarily result in achievement of a person's estate planning goals, eg protection of assets from creditors.  Specific advice should be sought from either Moores Legal or another advisor practising in this area to ensure the arrangements surrounding the establishment of trusts achieves those goals.

Part 4:

Special Purpose Trust Deeds

Document

Document Fact Finder(FF)
&  Pocket Summary(PS)
(for further reading)

Minimum Cost
(including GST)

Special disablity trust Deed
& ancillary documents
FF: Special disability Deed
trust
PS: Vulnerable beneficiaries
$495 +
consultation

Absolute entitlement (or bare
or blind) trust Deed

FF: Absolute entitlement
trust

PS: Types of trusts
established by Deed

$495 +
consultation

All needs protective trust
Deed & ancillary documents
FF: All needs protective Deed
trust
PS: Vulnerable beneficiaries
$990 +
consultation
Child support (maintenance)
trust Deed & ancillary
documents
FF: Child support trust
PS: Child support trust
$1,650 +
consultation
Estate proceeds trust Deed
& ancillary documents
FF: Death benefit proceeds
trusts
PS: Estate proceeds trust
$1,650 +
consultation
Supernnuation death
benefits trust Deed &
ancillary documents

FF: Death benefit proceeds
trusts

PS: Superannuation death
benefits trusts

$1,650 +
consultation
Insurance funded death
benefits trust Deed &
ancillary documents
FF: Death benefit proceeds
trusts

PS: Estate proceeds trust
$1,650 +
consultation
Employer funded death
benefits trust Deed &
ancillary documents
FF: Death benefit proceeds
trusts
PS: Estate proceeds trust
$1,650 +
consultation
Change of trustee for any
of the above trust Deeds
  $330
General consulting & advice   Hourly rates

With respect to the child support, superannuation death benefits and estate proceeds trust Deeds in particular, we emphasise that the mere preparation of a suitable trust Deed will not necessarily result in the trustee generating concessionally taxed trust income.

Specific advice should be sought from either Moores Legal or another advisor practisng in this area to ensure the arrangements surrounding the establishment of such trusts complies with the legislation in place at the time.  In addition, it is often necessary to prepare documentation in addition to the trust deed in order to put all necessary arrangements into place.

Part 5:

Estate Planning - Other Documentation

Document

Document Fact Finder(FF)
& Pocket Summary(PS)
(for further reading)

Minimum Cost#
(including GST)

Review of the death
benefit clauses in an SMSF
PS: Superannuation Death
benefits - payment choices
$220
Binding death benefit
nomination (including
immediate & reserve
nominations)
FF: Binding death benefit
nomination
PS: Binding death benefit
nominations
$330 single &
$385 pair
Binding death benefit
nomination - with special
conditions
FF: Binding death benefit
nomination

PS: Binding death benefit
nominations
Hourly rates for
additional
drafting
Wills without executor/
beneficiary controlled
testamentary trusts (other
than for minor children) &
no SMSF, family trusts or
businesses to consider
See Elder Law and Wills
page
$440 single Will &
$550 pair of Wills
Immediate & reserve
enduring financial powers
of attorney
FF: Powers of attorney
PS: Attorneys, executors
& administrators
$220 single set,
$275 pair
Medical treatment &
guardianship powers of
attorney plus instructions
as to their release
FF: Powers of attorney
PS: Attorneys, executors
& administrators
$220 single set,
$275 pair of sets
Set of all Victorian forms
of enduring powers of
attorney
FF: Powers of attorney
PS: Attorneys, executors
& administrators
$330 single full set,
$385 pair of full
sets + consultation
Review of enduring & other
powers of attorney already
prepared
FF: Powers of attorney
PS: Attorneys, executors
& administrators
Hourly rates
Review of existing or
draft Wills
FF: Estate planning Hourly rates
Parent to child loan
agreements
FF: Parent to child loan
PS: Parent to child loans
Hourly rates
Land transfers between
partners, family members
or related entities
  Hourly rates

Advice regarding binding
financial agreements for
spouses or domestic
partners

PS: Binding financial
agreements
Hourly rates
Advice regarding eligibility
for small business CGT
concessions
FF: Small business CGT
concessions
PS: Small business CGT
concessions
Hourly rates
Advice regarding intra-
business agreements
PS: Intra-business
agreements
Hourly rates

# Note: for all estate planning involving the preparation of documents, the total price is the document price (including an accompanying summary letter) + the initial consultation, any additional drafting required and any searches or couriering of documents.

Part 6:

Fees -Estate Planning, Superannuation, Trusts, Tax and Asset Protection

 As part of its wider private client services, Moores Legal:

  • provides legal advice to
  • training services for
  • prepares documentation for

Financial Advisors, Accountants, Lawyers and Trustee Companies and their clients in the areas of:

  • Estate Planning - consultations and advice - these services are charged at hourly rates for consultatins and opinions (and for training of professional advisors, if required);
  • Testamentary trusts;
  • Other estate planning documentation;
  • Self managed superannuation funds;
  • Trust Deeds;
  • Special purpose trust Deeds;
  • The taxation, eg income tax, CGT, State duty, GST, and asset protection issues associated with all these areas.

 Advisor Protocol

Where clients are referred to Moores Legal by a professional advisor such as an accountant, financial planner or lawyer or wish that their advisors be kept up to date with the progress of their matter:

  • Formal permission will be obtained from the client to keep the referrer updated throughout the matter; and
  • The referrer will be copied in on all correspondence sent to the client.

General Hourly Rates (including GST)

The prices for the preparation of estate planning, superannuation and trusts documents listed below do not include the time required to prepare non-standard documentation, additional or tailored drafting or provisions in documents or to provide specific asset protection or tax advice. It also does not include time for consultations, telephone attendance, correspondence (including emails) and traveling time. Depending on the person involved, this time is charged at the hourly rates below:

Principal

Senior
Lawyer

Lawyer Trainee
Rate $495 $385 $242-$353 $220

These terms are effective from 1 July 2010 and are reviewed annually. (Whenever Moores Legal is booked for an entire day, eg to provide training or to see several clients of the one firm, a minimum daily rate applies). The rates applicable to other areas of Moores Legal‘s practice would be advised in the event that the skills of those practitioners are needed.

Services Provided Free of Charge

In addition to the regularly updated Pocket Summaries (see http://www.mooreslegal.com.au/services/epss/pocketsummaries), Moores Legal emails free of charge:

  • An annual update to estate planning clients; and
  • Twice yearly Estate Planning newsletters to advisors.

 


© Moores Legal ACN 005 412 868. July 2010.

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