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Family Law Trusts - Formation & Administration Administration of Estates Enduring Powers of Attorney Wills Employment

Private Client Family Law Few experiences are more significant - or potentially more traumatic - for an individual than the breakdown of family relationships either within or outside marriage. It is therefore all the more vital to achieve a swift and satisfactory resolution of disputes over matters ranging from the future of children to the division of family assets. Fletcher & Lawson is committed to helping clients to resolve these and other issues, however difficult they may be. Our firm can advise on the preparation of separation agreements, divorce and other family proceedings, and all matters related to these processes. This can include resolving questions such as where children will live in future and how their contact with non-resident parents is regulated. The range of issues also includes the division of family assets, be they the matrimonial home, pensions and other investments or a family business. A careful and structured approach to all these matters, such as that offered by Fletcher & Lawson, is not only desirable for the preservation of a working relationship following family breakdown but also helps to avoid adverse tax consequences which can result if a transfer of assets is mistimed. Trusts - Formation and Administrationtop Trusts are extremely useful in many areas: e.g. protecting assets where the beneficiaries are minors or mentally disabled or utilising the current tax regime to best advantage among members of the family. Every client's circumstances are individual and need careful assessment by specialists to select the correct arrangement. Fletcher & Lawson can assist with the setting up and administration of all types of trust. Apart from the trusts set up during a person's lifetime, other trusts may occur: On death under a will. Under the Intestacy rules. On a charitable basis. Our services in this area include: Partners acting as trustees. Preparation of annual accounts. Dealing with returns of income and capital gains to the Inspector of Taxes. Advising in connection with distribution of income and capital. Arranging for investment advice on trust portfolios. Advising on variations of trusts. Administration of Estatestop We deal with the administration of a variety of estates for all types of clients. Our aim is always to act in an efficient and sympathetic manner throughout. We are aware that no two clients' circumstances are ever quite the same and that it is essential to give each matter individual and personal attention. If you are an Executor of someone's Will, we will help you to obtain the grant of probate and deal with all those questions at the start: do I need to pay tax? How long will it all take? How much will it cost? We have experience in dealing with: Intestacy (where there is no Will) Estates with a foreign element Wills where questions arise on their interpretation Investment and tax planning advice for beneficiaries Advice to individual beneficiaries on their position where estates are not being administered by us Enduring Powers of Attorneytop Mental incapacity can affect any one of us through accident, illness or old age. If a person is unable to look after their own financial affairs and there is no Enduring Power of Attorney: Their assets will be frozen until the Court appoints a "Receiver" to act for them No one can pay their bills Their house and other assets could not be sold to provide funds for nursing care etc. An Enduring Power of Attorney is a short document that is not costly. It can provide a simple and effective way of looking after somebody's affairs when they can no longer do so. Enduring Powers of Attorney should be considered by everyone, not just the elderly. It may never be necessary to use it, but can be looked upon as a form of insurance. There are other areas affecting those with mental incapacity or the problems of old age where we can help; for example, to advise on community care rules or obtaining the proper social security benefits and help to plan savings, investments and pensions to provide for nursing care fees. Willstop Surveys have shown that many Australian adults have not made a Will. Those who have not, die "intestate". If you die intestate: You have no control over who benefits from your estate Property passes to your relatives according to a strict legal order and does not take account of any surviving partner if you are unmarried The whole of your estate does not necessarily pass to your surviving spouse The law determines who deals with your estate. That person, your administrator, might not be your first choice Without a Will, you could leave distress and difficulty for your family at a time when they may find it difficult to cope. It is important to get it right. Those who draft Wills without legal expertise, can, inadvertently, make things worse. Did you know that if you divorce, any gift in favour of your spouse is cancelled? But what happens between the time you separate and the actual divorce? In this case your spouse will continue to benefit under any Will or intestacy. If you marry, or re-marry, any previous Will is automatically cancelled. Everyone should review their Wills on major life events such as marriage, the birth of a child or a change in financial circumstances. By taking proper legal advice, you will have the opportunity to consider how inheritance tax may affect your family. Even quite simple Wills may be able to reduce inheritance tax. Employmenttop Contracts of Employment Employers are required to give employees a written statement of certain particulars of their employment within two months of the employee starting work. However, Fletcher & Lawson does not advise employers to rely on this as properly drafted employment documentation, taking into account the specific needs of the employer and building in both certainty and flexibility, is to the advantage of both the employer and the employee. Fletcher & Lawson recognises that employment documentation is the cornerstone of good industrial relations. We draft tailored documents including: Terms and conditions of employment Contracts of employment Directors' service agreements We address the specific requirements of the employer (including, for instance, the protection of the employer's client base and confidential information both during and after the termination of employment) and ensure that these requirements are met in the necessary documentation. We suggest that all employment documents (in particular, restrictive covenants) should be reviewed every two years to take account of the changing requirements of the employer and developments in case law and legislation which may affect the validity of certain provisions. We also draft and advise on all other employment related documents including: Disciplinary and grievance procedures Maternity policies Employee handbooks Flexible working schemes Benefit schemes Confidential Information and Restrictive Covenants Fletcher & Lawson has considerable experience in this particularly complex and fast changing area of the law. We advise employers on the protection of their business interests and the use of restrictive covenants to prevent former employees joining a competitor, becoming a competitor, divulging or misusing confidential information and soliciting the employer's customers or employees. We draft appropriate legally binding restrictive covenants and advise on their introduction as part of a contract of employment or a termination package. We advise employers on the practical issues to be addressed when competitive activity is discovered and have significant experience of enforcing restrictive covenants in Court. Health and Safety at Work Employers have common law and statutory duties to protect not only their employees but also, in some cases, members of the public affected by the employer's activities and other people's employees working on the employer's premises. This is a complex area of law which places increasingly onerous obligations upon employers. Fletcher & Lawson advises clients upon the extent of employers' obligations and liabilities and how to comply with relevant legislation. Fletcher & Lawson also has Personal Injury lawyers who can advise employers wherever necessary. We also have substantial experience of representing corporate and individual defendants in the Magistrates' Court and District Court. Termination of Employment Fletcher & Lawson advises clients on the sometimes difficult task of dismissing an employee. In particular, we have experience in advising upon the termination of employment of senior managers including the negotiation of severance packages. We can assist from the moment that a client recognises there is a need to take action in respect of a particular employee. We advise on: Dismissals and resignations Effective use of disciplinary procedures and sanctions short of dismissal How to terminate employment including when and how the decision should be made and the form of notice of termination The direct and indirect financial consequences of termination of employment Negotiation of severance packages including the tax treatment of payments and the imposition of restrictive covenants Compromise Agreements We represent clients in Industrial Tribunals and Courts in relation to all claims arising from the termination of employment. Discrimination and Equal Pay Discrimination issues arise in all aspects of employment law and cover not only sex and race discrimination but also disability discrimination. We advise on all discrimination issues including: Effective strategies for combating sexual and racial harassment including anti-harassment policies and procedures complying with Australian law Remedies and compensation for harassment cases. Maternity policies, pregnancy-related dismissals and dismissals during maternity eave. Equal pay including its application to fringe benefits and pension schemes. Industrial Action and Trade Unions Fletcher & Lawson advises employers on all aspects of their relationship with Trade Unions and has also advised trade union members in dispute with their Union. We have represented both employers and members.

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