Wills and Probate
Planning for unexpected events is essential to ensure loved ones and dependents are provided for. The making of a will requires precision and sensitivity. A legally valid will ensures that upon death, your assets are distributed according to your wishes.
We also specialise in putting into place Power of Attorneys. This will enable a nominated person to act on your behalf in a range of circumstances, including illness or absence.
Probate or Letters of Administration
When a person dies, you may need to take a number of legal steps in order to:- Gain access to bank accounts and superannuation funds
- Transfer real estate and other assets
- Pursue claims and receive compensation on behalf of the deceased person.
If the deceased person dies with a legal will, it is usually necessary to obtain a grant of probate of the will from the Supreme Court so that the executor of the will can deal with the assets and liabilities of the estate.
A grant of probate from the Supreme Court is the legal authority that means that the will is valid and allows the executor to administer the estate according to probate law and to distribute assets to the beneficiaries named in the will.
What happens when somebody dies without a legal will?
Where a person dies without a legal will, the law determines who will receive the estate. In this instance, letters of administration need to be obtained from the Supreme Court, which will allow the assets and liabilities of the estate to be dealt with.
Letters of administration authorise a person (called an administrator) to administer the deceased's estate and distribute assets.
Each estate is different. If you find yourself having to handle a deceased person's will or estate, we strongly recommend that you seek legal advice first.
How do I know if I need a grant?
The following factors should be considered when deciding whether an application should be made:
- What property was owned by the deceased (where the deceased owned property jointly with others, or owned property through a company or trust, this property might not form part of the estate)
- The value of the deceased’s property
- The location of the deceased’s property
- The requirements of banks, share registries, insurance and superannuation companies
- Whether the deceased was involved in court proceedings prior to his or her death that can be continued by the estate.
Each estate is different and you should seek legal advice about your position before deciding whether it is necessary for you to obtain a grant.
Preparing a will is the best way to ensure that once we die our family members are properly provided for. Sometimes, life throws up challenging and stressful circumstances that will require us to make important decisions about a family member or loved one. If the family member or loved one does not have powers of attorney, someone needs to be appointed to ensure that the best interest of the family member or loved one can be met.
When somebody becomes incapable of managing their own affairs, important legal steps must be taken to ensure that their care, welfare and administration of their financial and legal affairs are managed in their best interests. Unfortunately, sometimes family members will not agree about what is in the best interests of their loved one and will find themselves in conflict.
Families may also find themselves in conflict after the death of a loved one. Conflict may arise where your loved one has not made a will or where a family member has been excluded from a will. It is important that you have access to objective legal advice from experienced lawyers so that you can make informed decisions during a difficult and stressful time for all concerned. Our team of lawyers has extensive experience dealing with all aspects of wills, probate and estate litigation including:
- Preparing a will
- Powers of attorney
- Guardianship and administration
- Probate
- Superannuation death benefit claims
- Will disputes