Wills, Estate Planning & Estate Litigation
D.M. Wright & Associates Solicitors is able to provide a full range of Wills and estates services ranging from putting in place arrangements during your lifetime to the administration of deceased estates and disputes about estates.
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Our lawyers can help you with:
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How to make a Will
There is no one answer about how to do your Will. It all depends on your assets, your circumstances and who your beneficiaries will be.
You need to make a will that makes your wishes clear, that avoids confusion and conflict amongst your loved ones, and that is legally valid and binding. Doing this will protect your family and friends from costly and stressful legal disputes.
Things you need to consider
Who will be your Executor(s)?
Your Executors have the legal and administrative task of sorting out your assets and debts after you die and making sure that your wishes as outlined in the Will are upheld.
Who will be your beneficiaries and what effect will their inheritance have on their circumstances?
You can designate anyone as a beneficiary and distribute your assets in any way you like, however if you don’t provide for your family and dependents, your Will can be contested and your hard won assets used on litigation fees.
You also should consider the effects that an inheritance may have on your beneficiaries. In some cases a testamentary trust can sidestep potential taxation problems, so it’s important that you get specific advice about your situation.
How do you know if a Will is valid?
To be valid, the person making the Will must be mentally competent, the Will must be correctly signed and witnessed, and show no evidence of tampering. The witnesses to the Will cannot be beneficiaries, or related to beneficiaries and must be over 18.
If there is any doubt, or potential for dispute as to your mental competence, you should get a doctor’s confirmation of your capacity to make the will and include it with your Will.
How often should I review my Will?
You should certainly review your Will after any major events, such as marriage, divorce, property purchase or sale, death of a beneficiary or if your assets change significantly. We also recommend that you take a look at your Will every couple of years just to make sure that it is still the best instrument for you and for your family.
We can help
We know the potential pitfalls and will ask you all the right questions to make sure that you have considered every possibility. We can advise you as to whether you would be best with a Will or a Testamentary Trust. We can design your Will in such a way to help protect your family from expensive estate litigation after your death and we can safely store your Will in our secure vault.
Contact us to discuss your particular situation and your family’s needs.
You need to make a will that makes your wishes clear, that avoids confusion and conflict amongst your loved ones, and that is legally valid and binding. Doing this will protect your family and friends from costly and stressful legal disputes.
Things you need to consider
Who will be your Executor(s)?
Your Executors have the legal and administrative task of sorting out your assets and debts after you die and making sure that your wishes as outlined in the Will are upheld.
Who will be your beneficiaries and what effect will their inheritance have on their circumstances?
You can designate anyone as a beneficiary and distribute your assets in any way you like, however if you don’t provide for your family and dependents, your Will can be contested and your hard won assets used on litigation fees.
You also should consider the effects that an inheritance may have on your beneficiaries. In some cases a testamentary trust can sidestep potential taxation problems, so it’s important that you get specific advice about your situation.
How do you know if a Will is valid?
To be valid, the person making the Will must be mentally competent, the Will must be correctly signed and witnessed, and show no evidence of tampering. The witnesses to the Will cannot be beneficiaries, or related to beneficiaries and must be over 18.
If there is any doubt, or potential for dispute as to your mental competence, you should get a doctor’s confirmation of your capacity to make the will and include it with your Will.
How often should I review my Will?
You should certainly review your Will after any major events, such as marriage, divorce, property purchase or sale, death of a beneficiary or if your assets change significantly. We also recommend that you take a look at your Will every couple of years just to make sure that it is still the best instrument for you and for your family.
We can help
We know the potential pitfalls and will ask you all the right questions to make sure that you have considered every possibility. We can advise you as to whether you would be best with a Will or a Testamentary Trust. We can design your Will in such a way to help protect your family from expensive estate litigation after your death and we can safely store your Will in our secure vault.
Contact us to discuss your particular situation and your family’s needs.
Estate Planning
Nobody likes to think about it too much, but inevitably one day you will have to leave your business or farm, whether by selling up, retiring or leaving for health reasons. It is very important to have a succession plan in place that makes the transition easy, not only for yourself, but also for your family or employees, and minimises the chances of the business or farm having to be sold up when you leave.
Estate planning goes beyond drafting a will - it includes:
Estate planning is an active process of re-evaluating the estate when circumstances in life change, such as:
A successful plan is made involving all family members as it will take into account not only provisions for your retirement income but also the plans, aptitudes and existing assets of younger generations. Contact us to find out more or to arrange an appointment to discuss your estate.
Estate planning goes beyond drafting a will - it includes:
- The assessment of assets
- The assessment of likely taxation
- Advice regarding the possibility of claims against the estate by third parties
- The protection of assets
Estate planning is an active process of re-evaluating the estate when circumstances in life change, such as:
- Newly married couples or those divorcing
- A change to the family's asset pool
- A change in working conditions such as the buying or selling of a business
- Changes to superannuation, insurance policies or taxation levels
- The establishment of discretionary trusts
A successful plan is made involving all family members as it will take into account not only provisions for your retirement income but also the plans, aptitudes and existing assets of younger generations. Contact us to find out more or to arrange an appointment to discuss your estate.
Probate and Deceased Estates
At D.M. Wright & Associates Solicitors we understand that dealing with a deceased estate is one of the more difficult challenges in life.
Our lawyers can help you with:
Our lawyers can help you with:
- Interpreting the Will of the deceased in terms of succession laws
- Advising executors and trustees in regard to their duties and rights
- Informing government bodies including Centrelink and Veterans Affairs
- Applying for Probate of the Will in the Supreme Court (if required)
- Dealing with intestacy (where there is no Will)
- Applying for Letters of Administration (if there is no Will or the Will is found to be invalid)
- Identifying estate assets and liabilities
- Obtaining valuations of estate property
- Collecting estate financial assets including superannuation, bank funds, shares, outstanding loans, and insurance payouts
- Selling or transferring estate property including estate auctions
- Paying estate debts including mortgages, funeral costs, and testamentary expenses
- Advising in regard to family and testamentary trusts
- Administering trust funds
- Distributing bequests and inheritances to beneficiaries
- Organising information for estate tax returns
- Family mediation and negotiation
- Contesting wills and defending estate litigation in the relevant Court
Contesting Wills
How do I make a claim?
First, contact us for a free 45-minute telephone conversation or free 45-minute face to face consultation, so we may assess your claim and discuss the particular circumstances of your claim. Evening consultations are available for your convenience.
If you decide to continue, we will contact the executors and notify them of your claim. We will then gather evidence, prepare documents and subject to your instructions make an offer to the personal representatives of the estate (executors or administrators). Many claims are settled through negotiation at this stage.
If the matter is not resolved then we will lodge documents with the District or Supreme Court to initiate proceedings. We are able to continue negotiations and in some cases mediation will be required by the Court. Failing all else, we will proceed to a contested Court hearing wherein the evidence will be presented and the judge will make a decision.
We are able to assist
At every stage of contesting or challenging a Will it is important to have sound, experienced legal advice. We have the skills to negotiate on your behalf to avoid costly Court fees, but if it comes down to a Court hearing we also have the skills to fight on your behalf.
First, contact us for a free 45-minute telephone conversation or free 45-minute face to face consultation, so we may assess your claim and discuss the particular circumstances of your claim. Evening consultations are available for your convenience.
If you decide to continue, we will contact the executors and notify them of your claim. We will then gather evidence, prepare documents and subject to your instructions make an offer to the personal representatives of the estate (executors or administrators). Many claims are settled through negotiation at this stage.
If the matter is not resolved then we will lodge documents with the District or Supreme Court to initiate proceedings. We are able to continue negotiations and in some cases mediation will be required by the Court. Failing all else, we will proceed to a contested Court hearing wherein the evidence will be presented and the judge will make a decision.
We are able to assist
At every stage of contesting or challenging a Will it is important to have sound, experienced legal advice. We have the skills to negotiate on your behalf to avoid costly Court fees, but if it comes down to a Court hearing we also have the skills to fight on your behalf.