Wills & Estates
We are able to assist you with all of your estate planning, from making a will to finalising the estate. We will work with you to ensure your wishes are accurately reflected in your will. You may need to include a testamentary trust in your will in order to maximise the amount your beneficiaries will receive from the administration of your estate.
It is important to make a valid will and to keep it regularly updated so that it reflects your changes of circumstances as you go through life.
After the death of a loved one, it is important to administer the estate in accordance with the terms of the will. We can advise and help your executor with such tasks as collection of your assets, payment of any outstanding debts, probate and transmission applications if necessary and any tax issues, such as capital gains arising from the sale of any assets, and the distribution of your estate in terms of the will.
ESTATE DISPUTES AND LITIGATION
Sometimes there can be disputes amongst family members as to whether or not the will of a deceased has made proper provision for them. We can assist you with family provision applications, general claims against deceased estates and disputes over the validity of wills and related matters. Some of the most common claims that can arise out of estates are:
(1) Family provision claims
This is where a family member or a spouse (including a defacto spouse) or child (including step children, children of a defacto partner and any adopted children) make a claim that they have not been properly provided for in the will.
(2) Undue influence
This is where the will is challenged because there are allegations that the deceased may have been unduly influenced by another person to make his or her will in favour of that person.
(3) Lack of testamentary capacity
This is where there are allegations that the deceased person may not have been of a sound mind or understanding when they made their last will.
We can assist you in dealing with any of these claims.
ENDURING POWER OF ATTORNEY
It is very important in your estate planning that you execute an Enduring Power of Attorney in favour of a trusted person to manage your affairs if you become incapacitated during your lifetime.
If you have any questions regarding any of the matters raised please call to make an obligation free appointment to discuss with us further.