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Wills and Estates Law

Wills, enduring powers of attorney, and enduring powers of guardianship are estate planning documents most people have heard of, but estate planning often requires other documents to be considered.

Advanced Health Directives (living Wills), Testamentary Trust Wills, Mutual Wills Agreements or Disability Trust Wills may also have a place in your Estate Planning. By getting to know our clients, their families and the structure of their assets we can assist our clients in ensuring their post-death wishes are carried out as they intended.

When you are considering your Estate Planning needs you will meet with one of our team for an initial appointment. Often you may know what you require. You may think that your estate is fairly simple – but there are common traps that you may not have considered, such as stepchildren or a potential future spouse of their current spouse if they die first. Who will control monies for your children, how will your super be dealt with or what if your Will is invalidated?

We can also assist with Probate applications (where the deceased left a valid Will) or Letters of Administration applications (where there is no valid Will) and everything in between. We can assist you with contested estate matters either through the court system or you may wish to make a Family Provision Act claim or dispute the validity of a Will. We aim to make the process streamlined according to the Wills and Estates Law and reduce what may already be a stressful situation for you

Wills & Estates & Succession Planning

Wills & Estate Planning

According to Wills and Estates Law, a Will is a legal document which allows you (amongst other things) to choose who deals with your estate and who receives your assets when you are deceased. It is also used to appoint a guardian to look after your children until they attain legal age to look after themselves. 

Estate planning is the process of planning the distribution of your assets. It is more than just making a plan to distribute certain assets to certain people (via a Will or other legal document).

A complete estate plan will allow you to retain control of your assets both if you become incapacitated (due to physical or mental complexities) and when you have passed away. During this process you determine who will make decisions on your behalf should you become unable to do so in the future.

Estate planning can be done in consultation with your accountant or financial advisor and we work closely with these professionals and yourselves to customise a specific estate plan suitable to your needs and relevant to the assets you have.  

We provide advice on what does and does not form part of your estate and ensure the Will is structured in a way to give effect to your wishes

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