Probate and Administration

We can assist you with:

• Preparing a will
• Preparing a power of attorney and appointment of enduring guardian 
• Applying for Probate or administration
• Contesting an estate 

Wills and Testamentary Trusts

Everyone should have a will.  We work with clients to ensure that their will takes into account, among other things, the nature of their estate, their family situation and current taxation law.  We understand that everyone’s situation is unique, and we take the time to understand the history of your family and business, as well as your plans for the future, to develop and implement your estate planning strategy. 

For people with larger estates, there can be significant advantages in creating sophisticated trusts in their wills to benefit their family members. These advantages include asset protection, lower taxation and the long-term care of a child with a disability. We can advise as to when such trusts are appropriate and prepare the wills which create them.

Powers of Attorney

A Power of Attorney is a document which a person signs to authorise another person to sign something on his or her behalf. Situations where an attorney may have to sign include: 

• Selling a house, shares or other assets 
• Paying money from a bank account 
• Running a business 
• Paying medical or other living expenses 

An Enudring Power of Attorney enables the attorney to act even if the person becomes incapable of giving instructions to the attorney at a later stage – usually due to dementia or some other form of incapacity. If there is no Power of Attorney, the only alternative is to approach the Guardianship Tribunal to make orders relating to financial management for the individual. This action is both expensive and slow and decisions are often taken out of the control of the family. We can quickly and inexpensively prepare, explain and have an Enduring Power of Attorney signed to make sure this does not happen.

Where incapacity or urgency make it necessary, we can visit a person at home or in hospital to have a Power of Attorney signed.

Guardianship

Today, many people also appoint a guardian to be available to make major medical decisions when the person has lost the ability to make them personally. 

An enduring guardian is someone who you choose to make personal or lifestyle decisions on your behalf when you are not capable of doing this yourself. You choose which decisions you want your enduring guardian to make. We can help you work through these issues and guide you in your choice of the right person for this important role.

Probate and Administration of Estates

Whether you have been appointed as an executor, or a partner or family member has died without a will, we can assist. We have experience in all aspects of estate administration from obtaining Grants of Probate and Letters of Administration, to liaising with banks and superannuation funds, transferring and selling real estate and distributing assets to beneficiaries. 

We handle this process for your and help identify and collect the deceased’s assets, advise the executors about the deceased’s tax liability, and assist with the distribution of assets.

If the deceased does not have a will, we assist one of the people entitled to a share in the estate to apply for Letters of Administration.

Wills disputes

If litigation involving wills, trusts, or estate administration becomes unavoidable, we are here to help. We act for claimants seeking further provision from an estate, as well as executors and trustees defending against claims.   

We can assist in the resolution of disputes under wills including proceedings under the Succession Act.