Our expert Wills & Estate lawyers ensure that our clients have an existing Will, Power of Attorney and Enduring Guardian to provide for their loved ones following their death. We encourage and advise clients to ensure that their Wills and Power of Attorney are up-to-date so that their estate may be distributed in accordance with their last testament.
Our team ensures that our clients have an existing Power of Attorney and Enduring Guardian in place to allow financial and medical decisions to continue to be made in the event our client loses capacity or is unable to make decisions.
Plan ahead to make sure your wishes are carried out
To ensure that your wishes are carried out following your death, it is imperative to finalise your Will. A Will sets out your testamentary intentions, including the distribution of your assets, property, business interests and superannuation. In the event you die intestate (without a Will), the NSW Trustee and Guardian will be appointed as the administrator to distribute your estate at a fee.
People often contest Wills by applying to the Court, stating that they have not been properly provided for.
There are four grounds for contesting a Will: (1) the will wasn’t signed properly; (2) the deceased lacked the mental capacity to make a will; (3) the deceased was unduly influenced when making the will, and (4) the will was gained by fraud. If you believe you have a claim on a deceased estate, our Wills & Estate Lawyers are here to help. Disputing a will can be stressful – we want to help!
Defending a will against claim, or defending a will against an estate can be emotional, and when things are emotional – a skilled probate lawyer is a good idea.
A Grant of Probate or Grant of Letters of Administration authorises an executor (or executors) to manage the estate of a deceased person.
We recommend Probate Lawyers for Probate, Estate Administration & Disputes.
A general power of attorney allows someone to make financial and legal decisions on your behalf. This power is generally for a specified time — for example, if you’re abroad and can’t manage your affairs here in Australia. If you become unable to make decisions yourself, a general power of attorney becomes invalid and an enduring power of attorney would take effect. An enduring power of attorney allows someone to make financial and legal decisions on your behalf if you become unable to make decisions yourself. An enduring guardian allows someone to make medical decisions on your behalf if you become unable to do so yourself. It doesn’t allow them to make financial decisions on your behalf.
The Guardianship Act allows people who are capable of making decisions for themselves to appoint an enduring guardian to make health, personal and lifestyle decisions.
We note that Property and Financial decisions are covered by an Enduring Power of Attorney.
Sometimes, despite good intentions, a family member or any loved one of a deceased person can feel unfairly treated in the distribution of an estate. To properly contest a Will, you will need to make an application to the Court seeking an order that you are properly provided for from the Will being disputing.
We understand that challenging a Will can be an incredibly difficult and emotionally-charged situation, and that is why our wills and probate lawyers listen with empathy and understanding. Our commitment is to ensure that your legal rights are upheld and that you achieve a fair outcome.
Yes and each State in Australia is different. In NSW you have twelve months from the date of death to lodge a claim in court. In Queensland you have nine months from the date of death however that is six months from the date of death to notify the executor of a claim and another three months in which to lodge the claim in court. If notice isn’t given within six months you might still be able to claim but should get legal advice ASAP. In Victoria, you have six months from the date of death to lodge a claim in court. When you think you might have a claim it is critical to seek early advice and act swiftly.
Parent worry about how to protect their vulnerable child after they pass away. Most parents struggle to know what to do about this and a poorly drafted Will can create more problems than it solves.
This is a complex area of law and it is essential for parents of disabled children to make proper wills and guardianships, to ensure that their disabled children will be properly protected and cared for after they die. A dedicated and compassionate probate lawyer is priceless.