Wills & Estates

Planning for your family’s future after you’re gone is a very important legal task. If you take the time now to make an effective legally binding Will, you can save your family not only stress, but money in what will undoubtedly be a difficult time for them.

At the same time as considering your Will, we strongly recommend that you also put in place plans for any future incapacity through Power of Attorney and Guardianship documents. This will ensure that if you somehow become unable to make decisions about your finances, your medical treatment or living arrangements, then the person or persons who you trust to make these decisions can do so unhindered. We always recommend keeping your Will and Powers of Attorney up to date, as it makes distributing your Estate far easier on your Executors and Beneficiaries in what is already a very emotional time.

We can assist with: 
  • Drafting/updating Wills 
  • Drafting/updating Powers of Attorney (Financial, Medical and Guardianship) 
  • Assisting with Applications and Hearings at the Victorian Civil and Administrative Tribunal 
  • Advise you in regard to estate and Probate laws
  • Write a will that maximises the inheritance for your family 
  • Set up family and testamentary trusts 
  • Advise you in regard to choosing executors and guardians 
  • Minimise the chance that your will is contested and subject to litigation 
  • General advice in regard to estate tax (including capital gains) and financial concerns prior to seeking specialist advice 
  • Safely store your will and other important legal documents

Estate Administration

We understand that dealing with a deceased Estate is one of the more difficult challenges in life. From mountains of paperwork to legal jargon and simmering family disputes, they’re the last things you want to deal with when you’re grieving the loss of someone important in your life. So, let us help you by: 
  • Interpreting the Will of the deceased in terms of Estate Law 
  • Advising Executors and Trustees in regard to their duties and rights 
  • Applying for Probate of the Will in the Supreme Court 
  • Dealing with intestacy (where there is no Will) 
  • Identifying Estate Assets and Liabilities 
  • Obtaining valuations of Estate property 
  • Collecting Estate financial assets including superannuation, bank funds, shares, outstanding loans, and insurance payouts 
  • Selling or transferring Estate property 
  • Paying Estate debts including mortgages, funeral costs, and testamentary expenses
  • Advising in regard to family and testamentary trusts 
  • Administering trust funds 
  • Distributing bequests and inheritances to beneficiaries 
  • Organising information for Estate tax returns

USEFUL RESOURCES

Office of the Public Advocate Victoria 
Supreme Court Probate Section 
Victorian Civil and Administrative Tribunal 
State Trustees
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