Estate planning and Probate

Estate planning encompasses:

Will

The preparation of your will and in so doing choosing an executor. That is, someone you trust to manage your affairs upon death. As to the importance of having a will, click here

Enduring power of attorney

Appointing someone now to manage your affairs in the event you are unable to do so through accident or illness. This is called an enduring power of attorney.

Discretionary or testamentary trust structure - asset protection

Depending on the:

size of your estate; and
personal circumstances of your beneficiaries

you may wish to place all or part of your assets into a discretionary trust. This will enable your executor to manage your estate until your children reach adulthood, or on an ongoing basis if that is required. A discretionary may also assist in protecting assets in the event of unforeseen circumstances.

Our Wills & Estates service includes:

preparing wills;
estate planning;
advising on how to proceed if a loved one dies without leaving a will (intestate estates);
applying for a Grant of Probate – ie Registering a will with the Supreme Court;
applying for Letters of Administration (where there is no will or no executor);
Inheritance claims – if you have not been adequately provided for there is legislation that will allow the Supreme Court to vary the will;
probate litigation;
contested wills;
Powers of Attorney – temporary and enduring, including enduring guardian; and
testamentary trusts.

Inheritance claim

Did you receive a fair share of your parents' estate - or the estate of someone who had an obligation to make adequate provision for you? If not there are laws that may assist you.
If you wish to avoid the impact of this legislation, there are estate planning options available to you. For more information click here.