Wills & Estate Lawyers

Making a Will

A will is an important document that ensures your assets and belongings are distributed after your death in accordance with your wishes.

Having your will prepared by a qualified solicitor is a simple process. Once done you can have peace of mind knowing that when the day does come, you have attended to everything to make it as easy as possible on your family and loved
ones.

If your will is not properly prepared it not only causes extra headaches for your executor, but it also increases the cost of the administration of your estate, thereby leaving less for your beneficiaries.

We practise in wills and estates on a daily basis and can assist you with making a standard will to complex testamentary trust wills.

Enduring Power of Attorney

An enduring power of attorney is a legal document that allows a person nominated by you to do things on your behalf. You can appoint your attorney to act for you for personal decisions and/or financial decisions.

An enduring power of attorney is often made as part of estate planning together with a will.

It is particularly useful in situations where you hold assets in your sole name and no one else can access those assets to look after you in the event you lose capacity.

Probate & Estate Administration

The administration of an estate can be a very difficult period and an emotional one for most concerned.

If you have been appointed as an executor we recommend you call us initially to get simple advice on what your responsibilities and obligations are. The most important priority at this time is to support family members and friends with the loss and to make funeral arrangements.

Normally the time you would make an appointment to see us is once the Death Certificate has been issued and particulars of the deceased’s assets and liabilities are known. At this time we can advise on the direction and timeframes involved in estate administration.

The administration of an estate involves not only collecting and distributing the assets of the deceased but may involve other issues such as income tax, capital gains tax, property law and family maintenance claims.

We do estate administration on a daily basis and can look after your estate administration in an efficient and respectful manner.

In most cases we are able to pay for outlays (such as advertising costs and court lodgement fees for probate) on your behalf until funds are received into the estate. This way there is no further burden on the executor of the estate.

Our goal is to assist you to administer the estate in a respectful and timely manner.

Estate Disputes

Estate disputes can be particularly hard for those involved. This is because you have similar risks as other civil court cases, but the dispute occurs from the passing of a loved one.

It is important to look beyond your legal entitlements, personal differences and take a practical approach to resolving the dispute.

In some situations it may be beneficial to resolve the matter promptly without incurring too much legal fees to yourself or the estate.

There are strict time limits to making a family provision claim. The claimant must give notice within 6 months from the date of death of the deceased of their intention to make a claim. Court documents must then be initiated within 9 months from the date of death.

Freeman Lawyers acts for clients for estate matters on a daily basis. Talk to us about your rights.

We offer flexible fee arrangements. Talk to us about deferring your legal fees.