Wills and Probate

Even a great lawyer can't do anything about dying, so maybe it's time to have a Will drawn up so that your estate will be left intact and will be divided up the way you want.

Of course, there are rules, regulations and laws governing your assets even after you die. In a Will, you leave instructions on how to distribute all your property. With proper planning you can save on taxes and probate fees for those you've named in your Will and you can name guardians for your minor children. Despite its importance, however, many Australians do not have a Will.

Carrying out your wishes in planning for your family means knowing how to maintain family wealth or to continue a family business and provide the best tax advice for your particular financial condition.

In planning a Will, think about whom you want as an executor, that is, the person or persons responsible in the eye of the law for carrying out your wishes. It should be someone you trust completely and who is capable of handling financial matters prudently.

We offer estate planning, the preparation of wills, advice on taxation and tax
planning, the development of Trusts, probate and estate administration and we can instigate estate litigation on your behalf.

If you feel that you might be entitled as a beneficiary but have not been included in a Will please note the Family Provision Act 1982. This Act allows the Court to displace a person's Will or the law of intestacy if it is satisfied that an 'eligible person' is a claimant. Proceedings must be commenced within 18 months of the date of death. The court is empowered to make an order for the maintenance , education and advancement in life of the claimant if you are related to the deceased as:

  • the wife or the husband or the person living in a domestic relationship at the time of the deceased person's death;
  • a child of the deceased person;
  • a former wife or husband of the deceased person;
  • wholly or partly dependent upon the deceased person;
  • a grandchild of the deceased person and a member of the deceased's household.