Services
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
|
Document Fact Finder(FF)
|
Minimum Cost#
|
| Beneficiary controlled testamentary trusts (BCTTs) |
FF: Estate planning |
$1,100 single Will & $1,320 pair of Wills |
|
BCTTs + CGT & land tax |
FF: Estate planning |
$1,320 single Will & $1,540 pair of Wills |
| BCTTs with staggered time release of control of funds |
FF: Estate planning |
$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) |
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)
|
Minimum Cost
|
| Establishment of an SMSF* | FF: SMSF-establishment PS: Self managed superannuation funds |
$440 |
| Variation of an SMSF documentation** |
$550 | |
| Review of the death benefit clauses in a SMSF |
FF: Super death benefits |
$220 |
| Binding death benefit nomination (including immediate & reserve nominations) |
FF: Binding death benefit |
$330 single & $385 pair |
|
Binding death benefit |
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 |
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)
|
Minimum Cost
|
| 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 |
$770 | |
| Hybrid trust Deed with income & voting units & ancillary documents |
$990 | |
| Hybrid trust Deed with capital & voting units & ancillary documents |
$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 |
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)
|
Minimum Cost
|
| Special disablity trust Deed & ancillary documents |
FF: Special disability Deed trust PS: Vulnerable beneficiaries |
$495 + consultation |
|
Absolute entitlement (or bare |
FF: Absolute entitlement |
$495 + |
| 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 |
$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)
|
Minimum Cost#
|
| 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 |
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 | 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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