Wills And Estates

WILLS, ESTATES and TRUSTS

We worked hard all our entire life to build our estate and we want to pass on our hard earned cash, properties, and other valuables to the friends and family members that we love and care most.

When a person dies without a Will, it means he or she died “intestate” and his or her intention is not bind legally.

In Australia, there are various rules for the different states of Australia relating to intestacy, but they all mean that the control of the person who is leaving the estate is removed because their intention has no legal expression. Avoiding this type of situation is obviously desirable.

Making a Will? What should I consider?

A will is usually quite short, but they are complex documents. To draft one which takes into account all of the relevant considerations of your circumstances.

First of all, you need to identify the assets that you have and exactly how you feel about the particular families or friends in your life and how you would like to distribute these assets to them.

You may need to consider the impact of certain taxes and the way in which the family law provisions in your state applies. The consideration of this is very important because it is possible to make a will which can then be challenged by people who had a close relationship to you but did not intend to provide for in your will. For example, your de facto spouses, former spouses, siblings, biological or step children, grandchildren or even simply someone who had a close personal relationship with you.

It is also important to have the following vital documents:  Appointment of Enduring Guardian, and Power of Attorney.

Estate -Probate or Letters of Administration

Alternatively, if a loved one has passed away, Lawyers can assist clients with the administration of estates and assist clients with all of the legal requirements in administering the estate.

If you need assistance with making a Will  or any of the following areas, please drop us a line or contact us.

Probate Applications

Probate & Succession Law

Succession Act Claims and Family Provision Claims

Superannuation and Estate Planning

Asset Protection

Taxation of Deceased Estates

Testamentary Capacity

Trustee Obligations

Asset Succession Planning

Business succession planning

Claims against Estates

Codicils and Amendments of Wills

Wills, Enduring guardianship & Enduring Power of Attorney

Estate Planning Legal Advice

Family Law and Estate Planning

Intergenerational transfer

Insolvency and Death

Intestacy

Letters of Administration

Power of attorney

Beneficiary Entitlements

Further reading

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