Wills, Estates and Probate Lawyers has helped many clients deal with estate litigation issues for over 20 years. Our Wills and Estates team are experienced in providing advice and assisting with all kinds of estate litigation matters, including family provision applications (both on behalf of the representative and applicant), contesting a Will or defending a claim.

The Wills, Estates and Probate Lawyers team are equipped to assist and advise on the administration of any estate no matter how small or large. We work with representatives through a variety of issues some of which include obtaining probate or letters of administration, advising executors or beneficiaries in relation to their position, dealing with estate property transfers and transactions, superannuation claims, Will construction and family provision applications.

Having an estate plan means more than just having a Will. In many cases, having a Will is but one piece of an estate plan. When designing your estate plan, the Wills, Estates and Probate Lawyers team consider your individual circumstances and objectives to ensure your estate plan is tailored to you.

If you have any concerns in relation to an estate or are considering contesting a Will, you should seek legal advice from us as soon as possible, as time limits do apply for many Family Provision Applications.

A challenge to a Will is a dispute regarding the integrity and validity of the will itself. If you have any doubt or questions, whatsoever, in regards to challenging a Will, contact our Wills Estates Probate specialists today as strict time limits apply to Will disputes.

Most people know that they need a Will at some stage in their life, but not everyone understands and knows what a Will is and what uses it has. Creating a Will is one of the most important legal acts you will do throughout your lifetime. A Will is a legal document containing instructions and wishes as to how your property and assets are to be distributed after your death, and who is to benefit from your Estate. Making a valid Will is the only way you can ensure your assets will be distributed according to your wishes after you pass away.

An Enduring Power of Attorney (EPA) is a document that gives another person the power to make personal and financial decisions on your behalf. It is legally binding if you lose the capacity to make decisions yourself. A specific form must be signed by yourself and the attorney outlining the types of decisions the attorney is able to make on your behalf, and other details relating to the exercising of power, in order to grant an Enduring Power of Attorney.

An Advance Health Directive is a way for you to communicate your wishes about medical treatment should you be unable to make decisions about your treatment in the future. It is a very important document and most people don’t think they will ever need it or complete it before it’s too late. Although it involves unpleasant and uncomfortable discussions, an AHD will benefit you greatly when a critical health issue arises. The document ensures that your loved ones know exactly what you want when they need to make important decisions regarding your health and circumstances. If you haven’t got an AHD, people may make decisions on your behalf without the knowledge of your wishes.

The saying has it that if the first generation makes a fortune, the second one breaks it. There are many reasons why an inheritance can simply vanish, apart from being squandered by a profligate heir; split by divorce, surrendered to pay creditors or legal costs, or siphoned off by the taxman. Fortunately, there is a way to ensure your Estate will provide for your loved ones when you are gone. That way is a Testamentary Trust. A trust is an arrangement where a designated person (the trustee) has the duty to look after property or money for the benefit of another person or persons (the beneficiaries). A Testamentary Trust is any trust created by a Will. Usually, Testamentary Trusts are discretionary trusts, that is, one which allows the trustee to decide how the assets should be divided among the beneficiaries. The terms of Testamentary Trusts are contained in the Will. They can include restrictions on any or all of the beneficiaries or conversely, grant them extensive control. In effect, these can enable you as the Will-maker, or testator, to rule from the grave. It is up to the testator whether they vest control in the beneficiaries or in the hands of an independent trustee. Giving control to the beneficiaries allows a greater degree of flexibility; but a managerial trustee may be better if the beneficiaries are not able to control their own finances. A lawyer from our team will be able to advise you on what sort of trust best suits your circumstances.

Regardless of whether you own a business or not, Asset Protection is an important priority for everyone. Throughout your lifetime you may engage in activities that may place your assets at risk. Our team will work with you to protect your valuable assets from risk. Our experienced team will assess your circumstances, consider your options and put in place a strategic asset protection plan by: 1. Identifying the assets that you wish to protect; 2. Identifying who owns the assets you wish to protect; 3. Identifying the assets that are at risk (such as business and investment assets); 4. Identifying potential risks; 5. Implementing strategies to reduce risk.

As a parent, your children will always be your greatest asset. If you are a parent of young children or your children are still under 18, you have probably wondered what would happen to them in the event you were not there to take care of them. Appointing a guardian or guardians to fill that role in your absence ensures the welfare of your children whilst maintaining your peace of mind as a parent. The appointment of a guardian also minimises the likelihood of family disputes over the welfare of your children in the event that anything happens to you.

A Blended Family is a family consisting of a couple where one or both of them have had children from previous relationships. This also includes children of the current relationship. Will makers in this instance often want to leave all of their assets to each other in the event that one passes away, but they also wish to ensure that their respective children benefit from their Estate after the surviving spouse passes away. There is often a concern that children may miss out, if one spouse changes their Will. Without specific strategies in place there is a risk that the surviving spouse could change their Will and leave everything in their Estate to their own children. One way to manage this risk is to have a Mutual Will. Mutual Wills must be drafted by experienced lawyers as many complications can arise. You have to take into account the significant legal issues and obligations that may arise when the Will maker passes on.

If you have been appointed the executor of an Estate, it is important that you obtain legal advice to ensure that you carry out your responsibilities properly and within the law. Upon the death of a person an executor is chosen to carry out the wishes contained in the Will, and to be responsible for the administration of the Estate of the deceased person, and the distribution of their assets.

Executor’s commission is an act of remunerating the executor for their services of administering a deceased Estate. As an executor you could be entitled to remuneration.

A Business Will is an agreement that commonly takes the form of a buy and sell option (buy/sell agreements) between the owners and is a key document for businesses. The Business Will ensures the smooth transition of the ownership of a business in the event of a death, total and personal disablement or trauma of a business owner. It is very important to ensure that expert advice is sought, so that Capital Gains Tax (CGT) is not triggered unnecessarily. A Business Will is one of the most important documents that can protect your business and your family now, and in the future.

Business Succession is important and occurs upon the death or retirement of a business owner. Careful strategic and Estate planning can minimise the risk of problems and can help execute the business owners’ wishes. Succession Planning is an essential issue for all businesses to consider in their strategic planning.

Usually when a person passes away, they leave behind a Will which specifies exactly what is to happen with all of their assets upon their death. The person that the deceased has chosen to administer their Estate is known as an Executor. The Executor is responsible for carrying out the wishes of the deceased outlined in the Will and will sometimes need to apply for Probate.

If a person dies without leaving a Will an application will need to be made to the Court which is similar to applying for a Grant of Probate. This application is referred to as Letters of Administration. As there is no Will and no executor, it is usually the next of kin that takes on the role on dealing with a deceased person’s Estate. They cannot do this until a Grant of Letters of Administration is granted by the Court. Once Letters of Administration are granted it is essentially the same as a Grant of Probate.

We have developed a No Win No Fee arrangement as we understand that high quality legal services can be an expensive and unexpected financial commitment. We have successfully helped many clients make a claim who would, without our No Win No Fee arrangement, not have been able to afford the expense of making a claim.

Non-estate assets are assets that do not form part of your estate and cannot be controlled by your Will.

Superannuation is not covered by a person’s will. Superannuation monies are tied to a superannuation fund which has a trustee who decides on payments. Unless a person takes positive steps to nominate a particular person to be the recipient of their superannuation funds (by way of a binding death benefit nomination) – then it is left to the trustee’s discretion to decide on the recipient of superannuation funds.