Wills & Probate

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:

Wills
Power of Attorney /
Power of Guardianship
Advance Care / Health
Directives

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 administrator of an estate of your loved one, you may also find it daunting to understand and actually navigate the probate process. Our probate lawyers will be able to guide and assist you to fulfil your responsibilities under probate laws.

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 administration of deceased estate;
  • Applying for probate or letters of administration; 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 wills and probate lawyers in Perth or Melbourne to discuss your matter.

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