WILLS, PROBATE, INTESTACIES, FAMILY PROVISION MATTERS AND ESTATE PLANNING

WILLS
Your Will is a document that clearly sets out assets and liabilities (and much more) to be dealt with after your death. As this is such an important document, having a professional prepare your Will to reflect your final wishes is a must.

PROBATE & LETTERS OF ADMINISTRATION
Dealing with the terms of a Will as Executor/Executrix can be daunting task particularly as you will need to obtain the official authorisation by the Supreme Court for a Grant of Probate so that you can administer the Estate of the deceased in accordance with their Will. This process can be even more daunting if the task is further complicated by there being no Will or it cannot be located. The experienced staff of our office will provide you with professional assistance with respect to this complex process.

ESTATE ADMINISTRATION
When you have been named as the executor of a loved one’s Will and they have recently died, you may be feeling overwhelmed with the sheer amount of work that needs to be done to administer their Estate. Unfortunately, there is much more to it than selling the house and giving a few relatives some money from a bank account. To alleviate the burden of this duty, our firm strives to provide our clients with professional assistance with this whole process.

ESTATE PLANNING
Ensuring that the loved ones you leave behind are financially looked after as well as possibly is one of the most important things on people’s minds when they are contemplating the future, but it can be much more complex than just writing a simple Will for yourself at home that says person X should receive everything and where you want to be buried. Have you considered what will happen to your super or who will run your business once you are gone? These kinds of questions are the very tip of the iceberg of estate planning. So, if you want to protect your loved ones, estate planning should be at the top of your to do list.

POWERS OF ATTORNEY AND ENDURING GUARDIANSHIPS
TESTAMENTARY TRUSTS
If you have more complex assets that you want protected once you are gone to set up the family you leave behind, a Will with a Testamentary Trust might be what you need.

ENDURING GUARDIANSHIPS
Most people know what an Enduring Power of Attorney but what is an Enduring Power of Guardianship, and should you have one prepared? If you are serious about staying in control of your life if things take a bad turn, our office will provide you with professional advice regarding the effects of enduring guardianships.

ADVANCE HEALTH DIRECTIVES
Choosing the treatments that you receive when you are sick can be taken for granted, but what happens when you are unable to make these decisions for yourself? If you are concerned over the specific treatment options you receive when you do not have capacity to make decisions for yourself (or even if you are worried about becoming a “vegetable” after a car accident), then you should consider having an Advanced Health Directive drafted to confirm what you do and do not want to happen if the worst comes to pass.

ADVICE FOR EXECUTORS, ATTORNEYS, & GUARDIANS
Has a close relative or friend named you as the Executor in their Will or their Attorney or Guardian in an Enduring Document (such as a Power of Attorney)? Will you know what to do when that person passes away or when those Enduring Documents become active? Our firm is available to provide you with professional legal advice for general advice and answer your specific questions, so that you are prepared for if and when.

ENDURING POWER OF ATTORNEY
Are you going away and need someone to look after your business or personal affairs?
Have you been suffering from a number of health problems of late? Or are you concerned that you might lose your marbles soon? If any of these apply to you, you may require a General Power of Attorney or Enduring Power of Attorney, to allow people you trust to handle your personal and financial affairs when you cannot. Make an appointment with us so that we can discuss your requirements and explain the effects of an enduring power of attorney.

WILL & INHERITANCE DISPUTES / FAMILY PROVISION APPLICATIONS
Have you been unfairly left out of a Will of a close family or only been left an insignificant amount when you deserve much more? Most people know that you can challenge a Will, but how is it done, do you have good prospects, and is it worthwhile pursuing? If you find yourself in this situation, a family provision application may be the right option for you. Make an appointment with us so that we can discuss your particular circumstances and provide to you with our experienced and professional advice.

DEFENDING FAMILY PROVISION APPLICATIONS
Has your worst fear come true after a loved one’s death, where the black sheep of the family has proclaimed that they will challenge the deceased estate they were unfairly left out of? If this applies to you, we urge you to seek advice with our office so that we can assist you with the best way to resolve the matter in your best interests.

To assist you with any of the above issues, we offer a free first consultation to all new clients. You can use this time to ask some general questions about these matters.