Wills & Probate
This department not only prepares wills but also the now important Powers of Attorney with the emphasis on ensuring that our clients understand all the options before committing to them.
We have a large and well established Probate practice, with an extensive bank of wills. Many families immediately turn to us on the death of a family member or when advice is needed because of age, infirmity or issues of care.
We can assist in many areas including wills, trusts, aged care, tax, lasting powers of attorney and related matters. For more extensive details on the services we provide please see our ‘Matters We Help With’ page.
Matters We Help With
We can help with the following:
- Wills – simple and complex
- Tax planning, asset protection, trust provisions
- Chinese Wills
Note: Home visits can be arranged. We can also visit to arrange completion and signature of Wills. We offer free storage of Wills for clients.
- Handling assets passing by Will or upon Intestacy (where there is no will)
- Dealing with small to very large estates
- Ensuring that taxable estates obtain all due allowances including Business/Agricultural/other exemptions/reliefs
- Obtaining Grants of Probate where there is a Will or Letters of Administration where there is no Will
We can provide a complete administration service from start to finish – or as much or as little of the administration as you wish us to do.
Powers of Attorney & Court of Protection
- General Powers of Attorney
- Specific powers
- Lasting powers – Property & Affairs and Personal Welfare
- Certificate provision and registration of Lasting Powers
- Registration of Enduring and Lasting Powers of Attorney
- Deputyship application for cases where mental capacity has been lost and no attorney has been appointed
- Protective, Discretionary and Life Interest Trusts
- Declarations of Trust usually dealing with property ownership
Frequently Asked Questions
I don’t really need a Will because my wife will get anything anyway – wont she?
No – not necessarily. Let us explain how your estate will be divided if you do not have a Will; or you can read more in issue 1 of our newsletter – available on the news page of our website.
I have put off making a Will because I don’t know how to best provide for everyone. If I leave something to my children, my wife may not have enough to live on for the rest of her life but I don’t want my children to get nothing if my wife should remarry after I die. Is there a way around this problem?
Yes. We can discuss the options and, if required, incorporate trust provisions in your Will so that your wife has the income or use of your assets during her lifetime and your children receive the capital after her death – or remarriage.
My fiancée and I are getting married. We have already made Wills leaving everything to each other and still want this to happen. Will marriage make a difference to our Wills?
Yes. Marriage will normally revoke previous Wills, so it is important to see us, either immediately before the marriage, or soon after your marriage, about making new ones to avoid dying intestate (without leaving a valid Will). Prior to a marriage (already arranged) we can word the Wills so that they continue to be effective after your marriage.
The Bank want to see a Grant of Probate to deal with my late aunt’s account. What is this and how do I get one?
A Grant of Probate (or Letters of Administration) is a document issued by the Court which authorizes the Bank (and other asset holders) to accept your instructions and signature to deal with your aunt’s assets. We can help you with the forms and documentation and make the application for you.
My grandfather is starting to find it difficult to deal with his affairs himself, but his bank and other investment providers won’t talk to me so I can help him. Can he sign something so that I can deal with his affairs for him?
Yes – provided he still has mental capacity, your grandfather can appoint you as his Attorney either under a General Power (valid only while he retains mental capacity) or a Lasting Power of Attorney (LPA) (which can be effective both before and after mental capacity is lost) in relation to his property and affairs.
We can complete the necessary documentation, act as a Certificate provider and register LPAs with the Office of the Public Guardian. A similar Power can be given so you can help with personal welfare decisions also, if he wishes.
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