Wills and Estates
Whether you are looking to create a will, establish a trust, or need assistance with estate administration, our wills and estates team is here to help. As well as assisting clients in estate planning and administration, we also have an experienced team of estate litigation lawyers who will protect your interests in the event of a dispute. Contact us today to schedule a consultation and take the first step towards securing your family’s future.
Estate Planning
Estate planning is the process of making arrangements now for the management and distribution of your assets in the event of your incapacity or passing. Effective estate planning can be a complex process that requires a complete understanding of your objectives and your unique family circumstances.
Our wills and estate lawyers will provide you with relevant and balanced advice so that you can make informed decisions about your estate plan, ensuring your loved ones are protected and your estate distributed in accordance with your wishes.
We assist in all aspects of estate planning including:
Wills and Testamentary Trusts
We draft legally robust wills to ensure your wishes are clearly expressed and your beneficiaries protected from avoidable financial and legal issues.
Enduring Powers of Attorney
We advise on and prepare enduring powers of attorney allowing you to appoint trusted individuals to make financial and medical decisions on your behalf if you become incapacitated.
Advanced Health Directives
We assist in drafting advanced health directives, which allow you to give directions about your future health care and special health care.
Superannuation
We provide advice on strategies for dealing superannuation benefits including assisting with completing binding death benefit nominations to ensure benefits are passed on to the appropriate beneficiaries.
Complex Succession Planning
We work closely with your advisors to provide comprehensive structuring and succession planning strategies for individuals and families who require more complex advice on family businesses, trusts and other complex assets or family circumstances.
Estate Administration
Estate administration is the process of distributing a deceased person’s property and assets. It can often be a very complex and emotionally charged process requiring a balance of legal knowledge and compassionate guidance. For this reason, an executor will often engage the services of an experienced wills and estates lawyer to administer an estate.
Our team practice exclusively in the area of wills and estates and have experience administering estates of all sizes and complexities. We work closely with executors to manage the process from start to finish.
We assist with:
- General advice to executors, trustees and beneficiaries on their duties and rights.
- Obtaining a Grant of Probate
- Applying for a Grant of Letters of Administration (if their is no Will, or the Will is invalid)
- Managing complex legal and tax considerations.
- Managing and settling liabilities of the estate.
- Identification and valuation of the estate assets.
- Realising assets and distributing to beneficiaries.
Estate Disputes
Estate disputes can arise for a multitude of reasons, often stemming from complex family dynamics, financial interests, and legal complexities. These disputes frequently revolve around disagreements over the distribution of assets, challenges to the validity of wills, questions of undue influence, claims of breach of fiduciary duty, and the interpretation of a will.
Our estate litigation team provide clear and pragmatic advice on:
- Family provision claims (disputing a share of a will)
- Challenges to the validity of a will
- Capacity disputes
- Beaches of duty by an executor or trustee
- Misuse of powers of attorney
- Will interpretation advice, and more.