Probate & Administration
If you have been named as the executor in the Will of a deceased person, it will be your responsibility to wind up their affairs.
Our lawyers will ensure that your duties as executor are undertaken diligently and thoughtfully, to alleviate your administrative burden during this difficult time.
Our expertise includes:
- Applying for a Grant of Probate or Letters of Administration;
- Recovering debt(s), collecting money on deposit & identifying shares and derivative instruments held by the deceased;
- Discovering superannuation interests including the identification of any applicable binding death benefit nominations;
- Perusing applicable insurance policies to collect death benefits payable to the estate;
- Calculating any tax liabilities on testamentary distributions;
- Preparing and lodging the final tax return for the deceased and any prior year tax returns not lodged; and
- Distributing the deceased estate to beneficiaries.
Wills & Powers of Attorney
A carefully drafted Will can ensure that your family stays together during a difficult time.
Our lawyers will ensure you are properly advised about contentious gifts of money or property which are likely to be challenged. We will carefully document your instructions and verify your capacity before you sign any testamentary document, to avoid any subsequent challenges over validity.
We can also assist you in preparing enduring powers of attorney to allow the people you trust to make important decisions about your finances, medical treatment and/or care in the event that you are unable to do so.
Our lawyers have had considerable expertise in estate litigation, including:
- Challenges to the validity of a Will;
- Disputes over superannuation death benefit allocations; and
- General inheritance disputes i.e. Testator Family Maintenance claims.
Legal costs in estate litigation are typically borne by the estate and as such we can usually act for you on a No Win/No Fee basis. In the majority of our estate litigation matters, most are resolved at a mediation.
For assistance with a deceased estates matter, please contact us today.