Estate Planning
Our expert will and estate lawyers can help design and implement an estate plan that best meets a client’s circumstances, needs, and objectives.
Our lawyers can assist with the following:
- Preparing a person’s first will.
- Preparing a new will to replace an existing will.
- Preparing related estate planning documents.
- Advising on options to best achieve testamentary objectives.
- Advising on the risk of claims (including family provision claims).
- Advise on ways to wholly or partly disinherit specific beneficiaries.
- Establishing and implementing appropriate structures to best deliver the plan (including testamentary trusts).
- Restructure whole estates.
- Dispute resolution with other family members or stakeholders prior to death.
- Negotiate and apply for court-approved releases.
Estate Disputes
Our lawyers provide comprehensive support for clients navigating will and estate disputes, focusing on both contesting and challenging wills. We assist individuals seeking to claim a larger share of an estate, as well as those defending against claims. Our expertise includes understanding complex legal requirements, such as those outlined in the Succession Act 2006 (NSW), enabling us to handle family provision claims effectively. With a strong client-centric approach, our aim is to navigate these emotional circumstances sensitively while striving for the best possible outcomes.
In addition to assisting with claims for a fair share of an estate, we address issues surrounding the validity of wills. This involves scrutinising mental capacity at the time of execution and identifying any suspicious circumstances that may undermine a will's authenticity. Our team is adept at evaluating cases of undue influence or fraud, and we leverage extensive legal knowledge to ensure our clients' rights are protected. By prioritising clear communication and dedicated representation, we guide clients through what can often be a complex and distressing process.
Probate
Once the deceased’s last will has been located, we can assist the named executor to apply for and secure a grant of probate for that will.
If there is no will, we can assist the next of kin or closest relative in applying for a grant of administration.
Estate Administration
Our lawyers can assist with all steps in the estate administration process, including identifying debts and assets, communicating with third parties and government agencies, identifying and locating those who are entitled under the will, and resolving disagreements between them.
Wills and Estates
Our expert will and estate lawyers can help design and implement an estate plan that best meets a client’s circumstances, needs, and objectives.
Our lawyers can assist with the following:
- Preparing a person’s first will.
- Preparing a new will to replace an existing will.
- Preparing related estate planning documents.
- Advising on options to best achieve testamentary objectives.
- Advising on the risk of claims (including family provision claims).
- Advise on ways to wholly or partly disinherit specific beneficiaries.
- Establishing and implementing appropriate structures to best deliver the plan (including testamentary trusts).
- Restructure whole estates.
- Dispute resolution with other family members or stakeholders prior to death.
- Negotiate and apply for court-approved releases.
Power of Attorney
A Power of Attorney is a legal document in which a person (the “principal”) appoints another person (the “attorney”) to make financial and legal decisions on their behalf. This usually allows the attorney to involve themselves in the principal’s financial affairs, access bank accounts, and act on the principal’s behalf in financial and legal matters. A Power of Attorney can come into effect and operate immediately (for instance, if a person is travelling overseas for an extended period of time and is unable to make decisions themselves while overseas) or at a later date, upon the happening of a future event.
A General Power of Attorney ceases to have effect if the principal loses capacity, whereas an Enduring Power of Attorney continues to operate after the principal loses the mental capacity to make decisions themselves due to injury or illness such as dementia or Alzheimer’s disease.
Where a person loses capacity and there is no Enduring Power of Attorney in effect, the government may have the power to make decisions on the principal’s behalf unless another person applies for and is granted attorney powers by a Court or Tribunal. Therefore, an Enduring Power of Attorney is usually appropriate where a principal does not want to risk finding themselves in a position where the government can make decisions on their behalf.
Deceased Estates
Our expert will and estate lawyers can help design and implement an estate plan that best meets a client’s circumstances, needs, and objectives.
Our lawyers can assist with the following:
- Preparing a person’s first will.
- Preparing a new will to replace an existing will.
- Preparing related estate planning documents.
- Advising on options to best achieve testamentary objectives.
- Advising on the risk of claims (including family provision claims).
- Advise on ways to wholly or partly disinherit specific beneficiaries.
- Establishing and implementing appropriate structures to best deliver the plan (including testamentary trusts).
- Restructure whole estates.
- Dispute resolution with other family members or stakeholders prior to death.
- Negotiate and apply for court-approved releases.
Guardianship
An Enduring Guardianship Form on the other hand, is a legal document that allows a person to appoint another person to make lifestyle and medical decisions. An Enduring Guardianship comes into effect once the person loses the capacity to make decisions for themselves. The guardian has the power to make decisions such as where a person lives (i.e. at home or in aged care), what medical care the person requires, and what medical treatment a person receives.
