Wills & Probate LAW
Probate & Wills Lawyers in Perth & Melbourne
Planning for your future – and your family’s too
“You always know how much money you have, but you don’t know how much time you have”.
From time to time, you may worry about future bad luck or mishaps and decide to push them aside because “there’s nothing I can do”. However, you can start your succession plan today to deal with the assets of your estate for your family after you’re gone, or should a time come when you are unable to make certain decisions for yourself.
Making a Will is the first – and a key step – in succession planning for your future. When you pass away, you will most likely leave behind an “estate” consisting of property, assets and debts that need to be managed and finalised. Generally, this involves collecting or gathering all of your assets, paying any debts and distributing the assets to the persons entitled to them.
If you have created a valid will, the estate will be managed by the executor(s) named in your will. The executor(s) will deal with your assets according to your wishes stated in the Will.
On the other hand, if you do not have a valid will at the time of your death, your closest “next of kin” has to finalise your affairs. Your next of kin may be appointed administrator of your estate, your estate will be dealt with in accordance with the intestacy law and your assets may be distributed in a way that you may not have intended.
We understand that each person and each family has unique circumstances, needs and values. Our experienced wills and probate lawyers help you reflect on your wishes and vision for your family, and put in place an estate succession plan and prepare legal documents to achieve those objectives.
An estate succession plan package may include:
How we can help you plan
When it comes to succession planning, many wonder if they can do it themselves by completing a Will kit such as the one you get from the Post Office. A Will kit may be suitable when you have simple and straightforward circumstances. However, a do-it-yourself Will kit may not be adequate when your estate is more complex, for example when you have a share portfolio, self-managed super fund, trust, investments, or when you intend to include or exclude certain beneficiaries.
In addition, a Will has to comply with strict legal requirements to be valid, and if there is any uncertainty in the language of the will, it may need to be determined by the courts. This would mean uncertainty, legal costs and stress for your family and may mean your estate is divided in a way that you had not intended.
Our experienced team of wills and probate lawyers in Perth and Melbourne can help to ensure that your Will, as well as other estate planning documents (such as Enduring Power of Attorney and Enduring Power of Guardianship), are clear, valid and up-to-date. We would like to understand your circumstances and what you want to achieve, and discuss with you what type of estate planning documents and structures are right for you.
If you are appointed as an executor or estate administration after the death of a loved one and family member, you may also find it daunting to understand, and actually navigate the probate process. Our probate lawyers in Melbourne and Perth, Western Australia will be able to guide and assist you to fulfil your responsibilities under probate laws.
You may need to seek legal advice from estates lawyers in Melbourne on obtaining a grant of probate or letters of administration. These documents allow you to manage and distribute the assets of the deceased. It is important to understand the process involved and the legal requirements to ensure that everything is handled properly.
In addition to managing the estate, it is also essential to consider any death benefits that may be available to the family. The estates lawyers can provide guidance and support throughout the process to help you navigate this difficult time.
Our legal services in the area of wills, probate and succession planning include:
- Preparing a new Will or amending to an existing will;
- Preparing a Power of Attorney or Power of Guardianship;
- Advising on other estate planning matters, such as distribution of assets controlled through a trust, private companies or superannuation fund;
- Advising executor(s) and administrator(s) on the administration of the deceased person’s estate;
- Probate application or grant of letters of administration application; and
- Advising executor(s) and beneficiaries in relation to disputes arising in relation to Wills, probate and letters of administration.
We are generally able to offer our legal assistance for a fixed fee. Contact our friendly succession and probate lawyers in Perth or Melbourne to discuss your matter.
If you are seeking legal professional advice from succession lawyers or estate planning lawyers in Perth or Melbourne, look no further! Our team of experienced attorneys is ready to assist you with all of your legal needs. We specialize in managing estates, applying for probate or letters of administration, and resolving disputes.
Get in Touch
If you require legal advice or representation in Western Australia, don't hesitate to fill out the form below. Our experienced Perth lawyers, specialising in areas such as family law, immigration, corporate law, and dispute resolution, are ready to assist you. We will be in touch with you shortly to discuss how we can meet your legal needs in Perth!
Expert Australian lawyers, just a click away.
Learn How We
Book An Initial