Wills, Probates and Estates

Wills, Probate & Estate Lawyers Servicing Merrylands, Parramatta & Western Sydney

Wills and Estate law can be a complex area to navigate. Legislation varies greatly, internationally and even between states, when it comes to the requirements of making a Will, grants of Probate or Administration or contesting a Will.

Michael Witts in our Wills, Probates and Estates team is an accredited specialist in Wills & Estates law. He understands the technical and legislative requirements in the field, but at the same time he is approachable, sympathetic and easy to understand. He can help with all of your Wills and estate requirements, including:

Creating a Will

For many people, the task of creating a Will is something they postpone. Whether this is because they don’t like to think about leaving their family and friends, or they simply think that they have plenty of time ahead of them, making a Will is usually not at the top of their list of priorities!

The fact of the matter is, however, that everyone should have a current and legally binding Will.

Whether you are 25 or 75 years old, your Will is one of the most important legal tools you have. It is a legally binding document that stipulates how your assets should be distributed in the event of your death.

At Maclarens Lawyers, we can make the process easy for you. We sit down with you and discuss in detail your assets and how best they should be allocated, taking into consideration your personal family situation and other relevant circumstances. We can advise you in terms of structuring your assets after your death to minimise costs and tax implications for your beneficiaries and to ensure that the potential to make a claim against your estate is also minimised.

Dying without a legal Will not only leaves a great deal of uncertainty, it also leaves an unnecessary burden on your loved ones and a stress that they don’t need.

 

Grants of Probate and Administration

If you are the executor of a Will, we can help you with the various tasks that are required in order for you to administer the deceased’s estate according to their wishes.

In many cases, a grant of Probate is required from the Court before an executor can access the property, assets and bank accounts of the deceased person and deal with them in accordance with the Will. At Maclarens Lawyers, we can guide you through the process – even if we didn’t create the original Will – and help you to navigate the complexities of deceased estates, as easily and painlessly as possible.

Where the deceased failed to leave a valid Will, or the appointment of the executor is ineffective, an application for a grant of Administration either with the Will annexed or on intestacy may be required. Expert knowledge and advice is required to handle such an application.

 

Powers of Attorney and Appointment of Enduring Guardians

Have you ever stopped to consider what would happen if you were suddenly unable to make decisions regarding your own welfare, or your financial affairs?

If you are travelling internationally for extended periods of time, or have to travel frequently for work, you may find that you need someone here in Australia to handle your financial affairs in your absence. Appointing an Attorney that you trust to make financial decisions, or sign important documents on your behalf, can provide the peace of mind you need to know that your financial affairs are being well-looked after.

Similarly, in the event that you are suddenly unable to make decisions regarding your welfare and/or medical treatment, you need to know that someone you trust can make those decisions on your behalf. An appointment of an Enduring Guardian allows the person of your choice to make those decisions, legally. Without such an appointment, your welfare can be placed in the hands of strangers or medical professionals who may not be aware of your personal wishes.

 

Contesting an Estate

Our laws permit challenges to Wills in certain circumstances. A person who qualifies under the law may contest a Will or claim on an estate, for example, if that person was excluded. We can advise you on the grounds to bring a claim or to defend a claim.

 

For further information or if you need to talk with a Wills, Probates & Estate Lawyer, contact:

Michael Witts, Solicitor
Phone: 02 9897 4657
Email: mwitts@maclarens.com.au