To provide you with certainty we provide all our family law clients with the opportunity to draft a simple will and enduring power of attorney at the conclusion of their matter.
This service is only available to our current and former family law clients and assists clients by providing the peace of mind of knowing that their assets and possessions are distributed according to their wishes to protect loved ones.
We provide clear, practical legal guidance tailored to your unique circumstances.
We can help our family law clients with:
Once assets are distributed following a Family Law settlement, it is important to update your will.
A well-structured will ensures your assets are distributed as you wish, providing security for your loved ones. Estate planning takes this further, protecting your wealth, business interests, and superannuation while minimising tax implications.
Let us help you create a plan that safeguards your legacy.
An Enduring Power of Attorney (EPA) allows you to appoint someone you trust to make decisions on your behalf if you ever become unable to do so. This ensures your financial and personal affairs are managed responsibly, preventing the need for court or tribunal intervention and providing clarity for your loved ones.
There are different types of Powers of Attorney, each serving a specific purpose. A General Power of Attorney is typically used for financial matters over a set period, while an Enduring Power of Attorney remains in effect even if you lose legal capacity. For business owners, a Company Power of Attorney ensures operations can continue smoothly if you’re unable to act.
Being named an executor of a Will comes with significant responsibilities, from managing assets to ensuring the estate is distributed according to the deceased’s wishes.
Navigating the legal and financial complexities of this process can be overwhelming, but we’re here to help. Our team assists with obtaining probate, handling estate assets, settling debts and taxes, and ensuring inheritances are distributed correctly.
If disputes or legal claims arise, we provide the necessary support to resolve them efficiently. Whether you’re an executor or administrator, we’ll guide you through every step, ensuring the process is handled smoothly and in compliance with the law.
Many people don’t realise that superannuation does not automatically form part of their estate. Instead, it is distributed according to a binding death benefit nomination, which directs your superannuation funds to your chosen beneficiaries.
Having a valid nomination in place ensures that your super is allocated according to your wishes, helping to prevent legal disputes and unnecessary delays. It can also reduce potential tax liabilities for your beneficiaries, making it a crucial part of your overall estate planning strategy.
Keeping your important legal documents secure is essential to ensuring they are protected and easily accessible when needed.
We offer a free, secure storage service for critical documents such as Wills, Powers of Attorney, and Certificates of Title, providing peace of mind that your estate planning documents are safe and readily available when required.
It’s a good idea to review your Will whenever a major life event occurs. If you get married, separated, or divorced, have children or grandchildren, experience a significant change in finances, or if an executor or beneficiary passes away, your Will may need to be updated. Changes in estate laws could also impact your Will, so periodic reviews are important to keep everything aligned with your wishes.
If you pass away without a legally valid Will, your assets will be distributed according to intestacy laws. This means the government will decide how your estate is divided, which may not align with your wishes. If no eligible relatives are found, your estate could even pass to the government. Having a Will ensures that your loved ones are taken care of and your assets are distributed according to your intentions.
While DIY Will kits are available, they often fail to meet legal requirements or overlook important details, which can lead to disputes or unintended consequences. A lawyer ensures that your Will is legally valid, properly structured, and tailored to your specific needs, giving you peace of mind that your estate will be handled as you intend.
A simple Will outlines how your assets should be distributed after your passing. A testamentary trust Will, on the other hand, creates a trust within your Will, providing added tax benefits and asset protection for your beneficiaries. This type of Will is particularly useful if you have minor children, vulnerable beneficiaries, or significant assets that need to be managed more carefully.
An Enduring Power of Attorney (EPA) allows you to appoint someone to make financial, personal, and health-related decisions on your behalf if you lose the ability to do so yourself. Without an EPA in place, your loved ones may have to go through a court process to be legally allowed to manage your affairs, which can be stressful and time-consuming.
Yes, you can appoint more than one attorney, and you can decide whether they must act together or separately. This flexibility ensures that decisions can still be made even if one attorney is unavailable. Choosing trustworthy and capable attorneys is essential, as they will be handling important aspects of your personal and financial affairs.
An Advance Health Directive (AHD) lets you document your medical treatment preferences for situations where you’re unable to communicate them. This is particularly useful if you have strong views about life-prolonging treatments or specific medical conditions. Having an AHD in place ensures that your wishes are followed and helps relieve your loved ones from making difficult decisions on your behalf.
Probate is the legal process of confirming that a Will is valid and granting the executor the authority to manage and distribute the deceased’s estate. Not all estates require probate, but it’s often necessary when dealing with property, large assets, or financial institutions that require legal confirmation before releasing funds.
The time required to administer an estate varies depending on its complexity. A simple estate can usually be settled within three to six months, while more complicated cases, especially those involving international assets or disputes, can take over a year. The process involves obtaining probate, settling debts, managing taxes, and distributing assets according to the Will.
An executor is responsible for locating and managing estate assets, paying off debts and taxes, distributing the estate according to the Will, and handling any legal claims that may arise. It’s a role that carries significant legal responsibility, and if you need guidance as an executor, we can help you navigate the process.
If you believe you have been unfairly left out of a Will or were not adequately provided for, you may have legal grounds to contest it. In Australia, spouses (including de facto partners), children (including stepchildren), and other financial dependents of the deceased may be eligible to make a claim.
A Will can be challenged for several reasons. If you were unfairly excluded or received less than you believe you were entitled to, you may have a case. Other grounds for contesting a Will include undue influence or coercion, lack of mental capacity at the time of signing, or improper execution of the document.
Generally, you need to give notice of your intention to contest a Will within six months of the person’s passing, and a formal claim must be made within nine months. In some cases, courts may allow late applications, but it’s always best to seek legal advice as soon as possible to avoid missing deadlines. If you need help contesting a Will or defending an estate from a claim, our estate dispute lawyers are here to assist.
Superannuation doesn’t automatically form part of your estate. Instead, it is held in a trust and distributed according to the rules of your super fund. If you want your superannuation to be directed to specific beneficiaries, you’ll need to set up a binding death benefit nomination.
Without a binding nomination, the trustee of your super fund will decide who receives your superannuation, which could lead to unintended outcomes and potential disputes. Having a valid nomination in place ensures your super is distributed as you wish.
Most nominations need to be renewed every three years unless they are marked as non-lapsing. It’s a good idea to check with your super fund and review your nomination regularly to make sure it still aligns with your estate plan.
