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Preparing a Will is more than just deciding who gets what when someone passes away. It’s also about providing peace of mind. When Rosemary Carreras works with clients on their Wills and Estate planning, she pays attention to family dynamics. By understanding the relationships within a family she’s able to help them implement plans that minimise the risk of conflicts in the future.
“It’s enormously satisfying being trusted by clients to help with issues that are deeply personal.”
As a Full Member of STEP (Society of Trust and Estate Practitioners), a global professional association for practitioners who specialise in family inheritance and succession planning, and an Accredited Advisor with Family Business Australia, Rosemary has extensive experience helping clients plan their legacies.
Rosemary also has a special interest in helping families with children who have special needs. It’s a unique area she has personal experience in having seen how concerned her grandparents were to plan for the future of one of their children (Rosemary’s aunt) who had special needs.
“You need to have empathy and an ability to think outside the box when working with families with special needs children. Drawing on my own family’s experience I’m able to offer solutions that provide confidence that these children will be looked after.”
advance health care directives
appointments of enduring guardian
deeds of family arrangement
estate administration including probate of informal wills and letters of administration
estate planning (including wills incorporating testamentary discretionary trusts and special disability trusts)
memorandums of wishes
notary public services
powers of attorney
special disability trusts
Rosemary acted for an Executor who was under intense scrutiny by the beneficiaries, who were family members, for certain alleged debts that the Deceased owed the Executor, and which the Executor planned to repay himself from the estate assets. The client had previously retained two solicitors who had been unable to assist the client in reaching an agreement with the beneficiaries. Rosemary guided the client in negotiating a commercial settlement, thereby avoiding litigation and the further fracturing of relationships.
One of Rosemary’s specialities is preparing Wills for people who have loved ones with special needs. In one particular matter, Rosemary’s client had 3 intellectually disabled children with very different needs and so the Will had to be carefully drafted to take into account not just the client’s objectives but also, each child’s particular needs. Matters like this require someone who takes the time to listen and really understand the entire family to guide the client on their options.
Many of Rosemary’s clients are founders or successors in a family business. In one particular matter, Rosemary’s clients had several children, 3 of whom worked in the family business. It was the clients’ intention that the 3 children who worked in the business would take over the business on the demise of both parents and therefore control of the various entities involved and access to the business premises needed to be left in the hands of the relevant beneficiaries. Rosemary suggested ways for the clients to provide for the children who didn’t work in the business via the parents’ Wills, through assets outside of the family business and equalise the various siblings’ entitlements in their parents’ estate. Rosemary worked closely with the clients’ accountant as it was important to ensure that the plan to achieve an equalisation of entitlements did not disturb the cash flow of the business for the successors or have adverse tax consequences for the estate and beneficiaries.