Drafting wills; Probate and Administration of Estates; Will Disputes; Powers of Attorney; Estate Planning; Enduring Guardianship.
Making a Will and Estate Planning
Making or revising a will is not something most people like to think about however it is extremely important. While there are succession laws in Australia that apply if you die without a will, the criteria for distributing your assets may not reflect your wishes and the distribution may also result in your estate incurring unnecessary tax liabilities. Leaving your estate without a will can also add additional time, expense and stress for your family and loved ones. Santone Lawyers can assist you with drafting a simple cost effective will to take into account your wishes and can advise you on the most tax effective method of distributing your assets.
Most people incorrectly assume that their will covers all of their assets but this is not the case. Your superannuation is an example of an asset generally excluded from your estate and therefore your will. In addition to making careful decisions about how to distribute your assets, and which assets should form part of your estate, you may wish to consider establishing trusts to assist in the distribution of your estate to your beneficiaries in a more tax effective manner, or to ensure a trustee manages your estate for minor beneficiaries until they reach an appropriate age. Santone Lawyers can assist you with all aspects of your estate planning.
As part of its estate planning service, Santone Lawyers can also advise you on:
- Making appropriate nominations of beneficiaries in your retail superannuation fund or self-managed superannuation funds;
- Granting an Enduring Power of Attorney to ensure someone appropriate manages your affairs if you lose capacity;
- Appointing an Enduring Guardian, someone who has the power to make personal and lifestyle decisions for you should you lose mental capacity, including decisions about where you live and who with;
- Avoiding estate disputes;
- Estate planning for blended families; and
- Protecting vulnerable beneficiaries.
Applications for Probate and Letters of Administration
When a person dies leaving property in New South Wales, unless the estate is very small, it is usually necessary to apply to the Supreme Court for a grant of probate (where the deceased left a will) or letters of administration (where the person died without a will). Santone Lawyers can assist you to navigate the complexities of administering deceased estates.
There are laws that allow certain eligible people to make a claim to the Supreme Court for provision (or further provision) from an estate. If you believe you have been left without adequate share under a will you must ensure you make your claim within the relevant time limits. Santone Lawyers’ aim is to assist you to obtain your proper entitlement without the resorting to litigation or where possible, to achieve a result through mediation, avoiding protracted and expensive proceedings.
Please contact us to enquire about our fixed fee rates for:
- A Standard will;
- Power of attorney and enduring guardian documents;
- Advice about a disputed will or family provisions claim.