Estate Planning & Deceased Estates

Estate Planning

• Wills

  We help you create a clear and binding will, providing peace of mind that your estate will be distributed in accordance with your desires.

  
  

  For a Will to be valid it must be in writing, the testator must intend that it to be their Will and the Will must be signed on every page by the testator and two witnesses over the age of 18.

  
  

  Where a Will is unclear or has basis for challenge, the distribution of assets stage becomes longer, more stressful, more expensive and can foster discord between friends and family during an already stressful time. Measures can be taken to avoid unnecessary challenges such as:

  
  

  • Attaching appropriate codicils to the Will including explanations as to why a particular person who may otherwise have a claim in your estate is being excluded from your Will;
  • Ensuring your will is stored in a safe place and that knowledge of its existence and location is with the right people;
  • Ensure all prior Wills are destroyed to avoid potential conflict or confusion;
  • Ensure any necessary proof of sound mind certificates are created and stored appropriately;
  • Ensuring your Will is valid and in accordance with provisions of the legislation relevant to your state;
  • Ensuring Your Will is up to date with your testamentary wishes and that a new Will has been executed following any breakup, divorce, marriage or defacto relationship.
• Trusts

  We set up and manage trusts to protect your assets, minimize taxes, and ensure your estate is managed efficiently for future generations.

• Enduring Power of Attorney

  Empower someone you trust to make critical decisions on your behalf, even if you're unable to, with our Enduring Power of Attorney services.

• Appointment of Enduring Guardian

  Ensure that the right person is legally authorized to make personal and lifestyle decisions for you if you ever lose the ability to make those choices yourself.

• Advanced Health Care Directives

  Prepare for future health decisions with an Advanced Health Directive that clearly outlines your preferences if you become unable to communicate them.

• Binding Financial Agreements

  Safeguard your financial interests with a legally enforceable Binding Financial Agreement, offering clarity and security preempting the financial complications of any relationship.

• Prenuptial Agreements

  Protect your assets and ensure a smooth transition in the event of a relationship breakdown with a tailored prenuptial agreement.

• Complex Estate Matters

  Our experienced legal team specializes in managing complex estate matters to ensure that your assets are distributed according to your wishes, with minimal stress for your loved ones. This may involve the creation and management of testamentary trusts or life estates and the provision of advice and support with the distribution of companies or corporate interests or matters involving complex family dynamics.

Deceased Estates

• Probate

  We provide efficient and compassionate probate services to help you manage and finalise deceased estates with minimal stress during the asset distribution process. Our service includes, consultation and advice, document preparation and court filing, status reports and management of additional information the Court may require.

• Probate Caveats

  We provide efficient and compassionate probate services to help you manage and finalise deceased estates with minimal stress during the asset distribution process.

  
  

  A person intending to challenge a Will should first lodge a Probate Caveat and serve it on all known applicants who might seek to apply for a grant of probate. The Caveat will last for 6 months subject to extension and will prevent the Supreme Court from issuing a grant in the matter until the Caveat lapses or is removed.

  
  

  If you have been served with a probate Caveat and are not sure how to proceed with distribution of the estate, contact our office to discuss your next steps.

• Renunciation of Probate

  If you have been appointed as executor under a Will but are unwilling or unable to fulfill that role, we can assist you to efficiently renounce your appointment including advice, preparation and lodgement of renunciation relevant forms.

• Letters of Administration

  In the event that your loved one dies without a Will, or where the original Will cannot be located, we provide expert guidance through the administration application process to help you manage their affairs by an application to appoint an administrator to effect distribution of the estate.

• Transmission & Survivorship

  We assist in the smooth legal transfer of real property and assets through survivorship and transmission applications.
  
  A Transmission Application is required in order to effect the transfer of real property from the deceased’s name into the name of the appointed executor or administrator.
  
  Where the deceased person owned land as Joint tenants, A Notice of Death is lodged in order to transfer the title in the name of the deceased into the name of the surviving tenant or tenants.

• Inheritance Disputes

  We resolve inheritance disputes with expert legal advice and representation, protecting your rights and aiming for swift resolutions.

  
  

  A Will may be challenged on a number of basis including:

  
  

  • Family provision: where a relationship exists between the deceased and the claimant, for example a dependent, a relative or a romantic partner, which gives rise to a claim in the whole or part of the deceased's estate.
  • Testator lacked testamentary Capacity: Where either the testator's knowledge or approval of the Will was lacking at the time it was made. This could include instances where the testator is of unsound mind or where the deceased was intoxicated, threatened or coerced at the time of creating their Will.
  • Validity: Where there are dubious circumstances surrounding the creation and signing of the Will which may include undue influence, forgery or fraud.
  • Superseding Will: Where a later valid Will is signed, it supersedes any prior Wills that may have been created.
  • Subsequent Marriage: Where the deceased was married after the signing of a will that Will is revoked unless that Will was made in contemplation of that marriage.

  
  

  If you suspect that you or someone you know has an invalid Will or a Will that is vulnerable to challenge, it is important to contact a lawyer as soon as possible to ensure their estate is distributed in accordance with their desires and to ensure a smooth and cost-efficient probate process.