0405 422 233
Docklands VIC
Practice Area
Estate Planning and Probate Services
Wills and Estates
What is an Estate?
An estate encompasses a range of assets and liabilities owned by the deceased at the time of their passing. This includes real estate properties, financial assets such as bank accounts and investments, personal belongings like jewellery and furniture, vehicles, and business interests. Additionally, the estate may include superannuation funds and life insurance payouts. Any outstanding debts or liabilities of the deceased are also part of the estate and must be settled before the remaining assets can be distributed.
Making a Will
Making a Will is an essential step in ensuring that your assets are distributed according to your wishes after your passing. A properly drafted Will can help to avoid disputes, reduce stress for your loved ones, and ensure that your estate is managed efficiently. Without a Will, your assets may be distributed according to a set formula under the law, which may not reflect your personal wishes.
Our experienced team is here to assist you in making a Will that accurately reflects your intentions and complies with all legal requirements. We also assist you through the execution process, ensuring that your Will is properly executed and legally valid, giving you peace of mind that your estate will be handled as you intended.
General Power of Attorney
A General Power of Attorney (GPA) authorises someone to manage your financial and legal affairs for a specified period or purpose, such as when you are overseas or temporarily incapacitated. However, it ceases to have effect if you lose mental capacity. This document is suitable for short-term situations, but if long-term or enduring decisions are needed, an Enduring Power of Attorney would be more appropriate.
Enduring Power of Attorney
An Enduring Power of Attorney (EPA) allows you to appoint someone to manage your financial and personal matters if you lose the ability to make decisions due to illness or incapacity. It remains effective even if you lose mental capacity. This document is crucial to ensure your personal and financial affairs are managed in line with your wishes when you are no longer able to do so.
If you need assistance with setting up either type of Power of Attorney, contact Edge Legal Solutions for expert guidance tailored to your circumstances.
Probate and Deceased Estates
When a deceased person leaves a valid Will, the executor must apply for a Grant of Probate from the Supreme Court. This legal document confirms the executor’s authority to manage and distribute the estate according to the Will. The process involves presenting the original Will, death certificate and an inventory of assets to the Supreme Court.
If the deceased did not leave a valid Will, a close relative or eligible person must apply for Letters of Administration from the Supreme Court. This grant authorises the appointed administrator to manage and distribute the estate according to the laws of intestacy. The application process involves providing necessary documentation such as the death certificate and an inventory of assets.
Family Provision Claims and Contesting a Will
Family Provision Claims
A family provision claim is a legal process in which an individual applies for additional provision from an estate, believing they were not adequately provided for. The law allows certain eligible individuals to challenge a Will under what is commonly referred to as a family provision claim.
Who Can Make a Family Provision Claim?Only specific individuals are eligible to contest a Will. These include:
- Spouses and domestic partners
- Children, including adult children, stepchildren and adopted children
- Grandchildren, if they were dependent on the deceased
- Former spouses or partners who have not remarried
- Individuals financially dependent on the deceased, including members of their household.
If you fall into one of these categories and feel that you have not been adequately provided for, you may be able to make a claim for further provision from the estate.
Grounds for a Family Provision ClaimTo succeed, you must prove that the deceased did not make adequate provision for your maintenance and support in the will. Some common reasons people challenge a Will include:
- Exclusion from the Will: You believe you were unjustly left out of the Will.
- Inadequate provision: The Will makes provisions for you, but you feel it is insufficient based on your financial circumstances and relationship with the deceased.
- Dependence on the deceased: You relied on the deceased financially or otherwise, but their Will does not reflect this support.
You must make a family provision claim within six months of the grant of probate or letters of administration. Extensions may be granted in some cases, but it is best to act quickly if you are considering making a claim for further provision from the estate.
Contesting a Will
Contesting a Will refers to challenging the validity of the Will itself. This process is used when someone believes that the Will is not legally enforceable because it does not reflect the true intentions of the deceased or was created under improper circumstances.
Grounds for Contesting a Will- Lack of Testamentary Capacity: The deceased was not mentally competent at the time of making the Will.
- Undue Influence: The deceased was pressured or coerced into making certain decisions in their Will.
- Improper Execution: The Will wasn’t signed or witnessed in accordance with legal formalities.
- Fraud or Forgery: The Will was altered, falsified or created under deceptive circumstances.
If a Will is successfully contested, it can be declared invalid, and the estate may be distributed according to a previous valid Will or through intestacy laws if no valid Will exists.
At Edge Legal Solutions, we have extensive experience in handling family provision claims and Will disputes. Contact us today for a confidential consultation and let us guide you through the process with compassion and professionalism.
Tailored and Effective Legal Services
Our experienced team understands that navigating legal challenges can be daunting, and we are here to support you every step of the way.
At Edge Legal Solutions, we are dedicated to delivering tailored and effective legal services for individuals families and businesses across Australia.