There when you need us the most.
An obvious and important step is getting hold of your beloved’s Will. Often, administering the estate is straight-forward and everyone gets along, conscious that this is what the deceased wanted.
But where there’s a Will, there’s sometimes a dispute and this is where things get difficult.
Sometimes there is a question about whether the deceased knew what he or she was doing when they made the Will. Other times, there can be uncertainty about what the Will means or how the estate is to be distributed. Worse still, there can be instances of a family dispute over what is to happen with the estate, or where a family member considers they have not been adequately provided for out of the assets of the estate.
To have someone who can guide you, cares about what is happening and will be in your corner if a fight is needed, is a godsend. Our Will dispute lawyer can help.
Estate planning is more than just having a will, and we can assist you with considering the nature and structure of your assets together with your family circumstances and prepare simple wills, testamentary trust wills, powers of attorney, advance health directives and business succession plans.
A testamentary trust is created by a will to provide a greater level of control over the distribution of assets to beneficiaries. You worked hard for your wealth and spending some time discussing your wishes and planning your estate with us will help avoid family disputes and other problems relating to wealth distribution.
Advance health directive
If you have strong feelings about your future health care an Advance Health Directive allows you to give directions as to your future health care when you unable to make them yourself. We can assist you to prepare the directive to ensure your wishes are carried out.
Letters of wishes
Letter of wishes help to explain your will - and makes it easier for your executor to administer your estate. For something as important as your estate, we can support and advise you on the contents of you letter based on your individual circumstances.
Estate dispute resolution and contesting a Will
Sometimes, distributing the assets of a deceased’s estate is not straightforward. Claims against the estate need to be dealt with practically and sensitively. We can help.
Family provision claims
If you think you’ve been unfairly left out of the Will or unfairly provided for in it, you may have grounds to contest the Will. Strict time limits apply.
If you are thinking of challenging or contesting a Will, or if you are the executor or beneficiary of a Will that is being challenged, we can assist.
We can help you in collecting and managing a deceased’s assets. From there, they need to be distributed to the Will’s beneficiaries and in accordance with the Will. This process can be delayed if disputes arise. We can help.
It’s vital that when a person is making a Will or power of attorney, they have the mental capacity and awareness of what it is they are doing. If you think that the deceased did not have such capacity, then steps should be taken. Call us to find out what they are.
Statutory will applications
A statutory Will is one made for a person by a court in circumstances where the person does not have the mental capacity to make it for themselves. Typically, this include people with dementia or intellectual disabilities. It can include children under 18 years of age. We have experience in this highly specialised area of the law.
Probate is the process of proving and registering in the court the last Will of a deceased person, such that the executor can properly deal with and administer the estate. Depending on the size of the estate, probate may need to be obtained. We can help.
A guardian is someone appointed by a court or tribunal to help another person who has impaired decision-making capacity, by making personal and health care decisions on their behalf. This generally does not include making financial decisions. Call us if you need such advice.
Powers of attorney
A valid POA gives someone else the power to take care of your affairs. Sometimes that power can be improperly exercised. If someone you know is in this position, call us for early advice. We can help make things right.