When it is all said and done, it is about family, friends and good health. It is terribly important that you plan (estate planning) for what is ahead. We can help with this process by helping you with:
- Your Will
- Your Enduring Powers of Attorney (medical and financial)
- Your statement of wishes, and
- Other documents such as deeds dealing with succession of family trusts, family business interests and related family interests
These documents need to be prepared with care and attention.
Will Disputes and Estate Litigation
In the unfortunate event that there are disputes amongst family members as to Wills and estates, we can assist with;
- family provision applications (TFM claims – you believe that the Will has not provided adequately for you);
- contesting the validity of a Will;
- advising as to the meaning of clauses in a Will;
- Will rectification application;
- Will construction application; and
- advice to you as trustees or executors in terms of role, duties, actions and entitlements.
Probate & Estate Administration
A grant of probate or a grant of Letters of Administration from the Supreme Court is usually required to allow the executor or administrator to deal with the assets and liabilities of an estate. Depending on the estate we will advise you as to the necessity of applying for a grant of probate or a grant of Letters of Administration.
Once probate or Letters of Administration has been granted we will advise you as the executor or administrator of the estate on how to administer and wind up the estate.
Wills
A Will is a legal document which states how your assets are to be distributed following your death. It also states the person who will be responsible for managing this process.
Everyone should have a Will. It is probably one of the most important documents that you will ever sign to safeguard your family assets after your death. The gifts that you leave behind will no doubt be greatly treasured by your family, friends and charities.
We are here to provide you with sound advice to ensure that the right people get what they should and to prepare your Will, taking into account many factors including your current family situation, the nature of your estate and any tax implications.
We aim to ensure that the process of passing on your assets to your beneficiaries is an efficient and hassle free process. Call us now to find out more about preparing a Will.
Powers of Attorney
You sign this document to authorise someone to sign on your behalf in the event that you are unable to do so, for example if you go overseas or are ill or become mentally incapacitated.
The use of Powers of Attorney are broad and include the power to sign on your behalf for things like sales of property or other assets, operating bank accounts, running a business and to all other things that you have lawfully authorised them to do so.
In the event that you are unable to manage your own medical or financial affairs due to mental incapacity and you do not have a power of attorney in place, the State may appoint a trustee to manage your affairs.
If you want more information on Powers of Attorney or wish to prepare one, contact us now to book an appointment to see an experienced Dandenong estate lawyer.