WILLS + ESTATES
Protecting what you’ve worked for.
Preparing a Will isn’t always front of mind, however, failing to prepare a Will can have serious consequences and result in your assets being left to people you would not have intended.
HOW WE CAN HELP
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Be proactive. Don't be like so many, who put the preparation of their will on the backburner, leaving the door ajar for an unintended distribution of their estate if something were to happen to them. We've seen it time, and time again.
In Australia, the traditional family make up is seen less and less, with blended families and second marriages becoming quite common. For blended families, your Will almost certainly requires revision.Feel free to complete the contact form below to arrange a no-obligation initial consultation with one of our estate planning experts.
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You will likely have many people close to you. Sibblings, parents, friends, business associates. However, do you trust them all the manage your finances in the event you were to no longer have capacity to make decisions for yourself? The answer is likely a resounding "no".
It is therefore critical that you have made an enduring power of attorney, that specifies the identity of the person you trust to manage your finances in a way that promotes your best interest.
Feel free to complete the contact form below to arrange a free initial consultation to discuss preparing your power of attorney. -
Only those closest to you are likely to have an appreciation for how you'd like decisions concerning your health determined in the event you lacked decision making capacity.
To ensure you are looked after by those you trust most, it's essential that you have appointed a medical treatment decision maker. Speak to our lawyers about preparing documentation necessary to appoint a medical treatment decision maker.
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Facing the loss of a loved one is incredibly challenging, and if you’ve been named as the Executor of their will, there are important responsibilities you'll need to manage carefully.
Before you can begin distributing the estate according to the deceased’s wishes, you must first apply for probate with the Supreme Court of Victoria to confirm the will’s validity. After the court issues the 'grant of probate,' you’ll have the legal authority to handle the deceased’s assets, typically within 12 months of their passing.
If a person dies without leaving a will, known as ‘intestate,’ or if the will is not considered valid, the next of kin must apply for Letters of Administration. Upon approval, the next of kin will become the Estate Administrator, and the estate will be distributed in accordance with the Administration and Probate Act 1958 (Vic).
Speak to our lawyers to discuss making arrangements for obtaining a grant of probate. -
If you have been left out of a Will or believe that you or someone else has not been properly provided for, in some circumstances, there are avenues available to seek further distribution from a deceased estate. We regularly represent persons seeking to receive a greater provision than that which they were left by a persons will.
Similarly, if you have been appointed as an execuroty of a deceased estate, and you receive notice of a claim, you will be named as defendant to any proceeding. We've acted in countless deceased estate disputes and have the experience and accumen to vigorously defend a deceased estate from frivilous or unjustified claims.
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The process of distributing superannuation benefits after someone's death can be legally intricate.
Certain superannuation funds permit members to designate beneficiaries for their superannuation benefits upon their death. However, the legal framework for these nominations is quite restrictive. While some funds accept binding nominations, many do not, and those that do may have binding nominations that expire after three years—though this is not universal.
It is crucial to handle these nominations with great care. A superannuation nomination functions similarly to a will for your superannuation assets, which can be of considerable value. This consideration is relevant whether the superannuation is held in an industry fund, a retail fund, or a self-managed superannuation fund.
Estate Lawyers
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Ciara Molloy
Lawyer
Ciara practices predominantly in Estate Planning, guiding clients through the process of preparing their last Will, or their powers of attorney. Ciara considers the broader impliciations of the way in which her clients request their Will. Ciara frequently sees wills which overlook unintended consequences. Ciara’s clients value her ability to identify all possibilities so that wills are prepared in a way that curtails potential complications.
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James Gregory
Legal Trainee
James is a key part of our Wills and Estates law team working closely alongside Ciara. From taking clients instructions and ensuring that all details are correct, James helps prepare clients to ensure that they get the exact Will and Power of Attorney that they want. James’s client alongside Ciara value his ability to communicate efficiently and thoroughly to ensure his client’s understand the process and prevent any complications down the line.
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David Young
Consultant Lawyer
David has prepared and number of wills. A persons estate planning is dependant on numerous factors, such as the class of assets they own, and the legal capacity in which they own their assets. If you have multiple property holdings, and/or complex asset holding strucutres, speak to David for guidance when it comes to forming an estate planning strategy.
Contact us.
reception@hplaw.com.au
(03) 9670 5085
Level 8, 179 Queen Street Melbourne VIC 3000