Wills, Estates & Succession

WHAT IS WILLS, ESTATES & SUCCESSION

Wills, estates and succession law regulates what occurs when a person passes away.

Legal advice concerning wills, estates and succession law can be sought:

• During your own lifetime:
  • Estate and succession planning: preparing wills, Advance Care Directives, powers of attorney
  • Guardianship
  • Superannuation
• When a loved one passes away:
  • Inheritance and Family Provision Act claims
  • Challenging wills
  • Expenses for funerals, memorials, wakes, and other end of life celebrations and religious customs, traditions and practices
• If you are named as the beneficiary of a will or in a testamentary or family trust;
• If you are named as the trustee and executor of a will, or by a testamentary of family trust:
  • Probate
  • Distributing the estate

Seeking legal advice early is important as loved ones can pass away, or lose legal capacity to make financial and medical decisions unexpectedly, and without any opportunity to plan for what happens after they pass away or lose capacity, or to make equally important considerations as to their care and comfort as they become older.

When a loved one has passed away, or lost legal capacity, there is often strong emotion and grief, which may contribute to disputes between those left behind, relating to the terms of the will (if one exists), who can administer the will, and how the estate ought to be distributed. Often, such disputation is avoidable or able to be limited by careful estate and succession planning.

HOW CAN WE ASSIST IN WILLS, ESTATES AND SUCCESSION

We understand that no two estates are identical, and that testamentary arrangements require a tailored approach to suit the wishes of each individual and their family.

It is increasingly the case that complexities can arise in the management of your affairs in modern and/or changing families, where recipients may have special needs, or where business interests are involved.

Effective estate and succession planning is not just about making a will, but rather that it requires giving consideration and effect to the legal mechanisms and structures required to best achieve your wishes.

Our lawyers and staff are genuinely interested in people and assisting them to plan for the next generation.

When disagreements arise, we are able to assist prosecute and defend claims, and are experienced in scrutinising the merit of cases and challenges that may be pursued.  Where merit exists, we are able to provide advice and representation to try to come to a resolution and, where that is not possible, to take appropriate legal action.

Areas of our work include:

• Administering deceased estates
• Advising and representing beneficiaries
• Advising and representing executors and trustees
• Advance Care Directives
• Challenging wills
• Estate and succession planning
• Guardianship
• Inheritance and Family Provision claims
• Powers of attorney
• Probate
• Testamentary and family trusts
• Superannuation and binding death benefit nominations
• Self-managed superannuation funds
• Wills (simple and complex)