Suite 2, 1st
Floor, 300 Chapel Road South, Bankstown NSW 1885, Australia
Wills & Estates
What we can do for you:
We are able to assist you with:
Our Goal:
Our goal is to provide you with a competent and professional
service that is timely and cost effective. We aim to be friendly,
courteous and approachable in our service to you.
Wills
A Will is a written document which sets out how a person wants
their assets (estate) distributed after death. You may become
involved with the law of Wills:
We recommend for everyone to have a Will, as it is the most
effective way to make sure that your estate is distributed in the
way you would like and that this is done as quickly and cheaply as
possible.
Our initial consultation is free-of-charge. We are able to advise
on the following issues to help you understand them fully:
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When do you need a Will
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What can be included in the Contents of the Will
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What makes a Will valid
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Where to keep a Will
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Who can be an Executor and Trustee of your Will
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How do you change your Will
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What is not dealt with by a Will
We are able to help you by taking your specific instructions and
drafting your Will document, have it properly signed and witnessed,
and also to register your Will.
Distribution of a Deceased's Estate
The distribution of a person's estate can be made through a grant
of Probate or by Letters of Administration from the Supreme Court of
NSW which authorises an Executor or Administrator respectively to
distribute the deceased's estate.
Probate
Where there is a Will and you are the nominated Executor of the
Will, we can help you to apply at the Supreme Court of NSW to apply
for Probate. Once the Court is satisfied that the Will is valid, the
Court will grant you Probate which authorises you, the Executor, to
attend to the distribution of the deceased's estate in accordance
with the Will.
Letters of Administration
Where a person has died but has not left a Will, the situation
becomes more complicated. There is legislation that details how the
estate of the deceased person is to be handled and the formula for
the distribution of the deceased's estate. Any person who expects to
be a beneficiary of the deceased's estate can apply to the Supreme
Court of NSW for Letters of Administration to allow for distribution
of the estate.
We can help you to apply to the Supreme Court of NSW for Letters
of Administration to allow the Court to appoint an Administrator to
distribute the deceased estate according to the legal rules of
intestacy under the Wills, Probate and Administration Act 1898.
Claims Under the Family Provision Act 1982
Claims can be made against the distribution of any estate where a
person for good reason expected to be a beneficiary but was not
provided for under a Will or under the rules of intestacy where
there is no Will. In such cases, the person can make claims under
the Family Provision Act 1982 and clearly explain why they should be
considered a beneficiary of the deceased's estate.
Enduring Power of Attorney
An enduring power of attorney enables you to nominate a person to
make decisions about your assets and financial affairs on a lasting
basis. Unlike a standard power of attorney an enduring power of
attorney can remain legally in force even if you become of unsound
mind or otherwise legally incapacitated.
We can assist you in drafting and registration of an enduring
power of attorney according to the Powers of Attorney Act 2003.
Enduring Guardianship
Where a person is needed to make decisions with respect to your
personal and lifestyle matters such as health care, personal
services, medical and dental treatment an enduring guardian may be
appointed by you. The enduring guardian will then have the legal
power to make decisions on the matters that you have authorized them
to in the event of your incapacitation.
We can arrange for the creation of a legally binding enduring
guardianship pursuant to the requirements of the Guardianship Act
1987.
Summary
We understand and appreciate your concerns surrounding your Will
and estate matters when you make you decisions about how your assets
should be taken care of when you pass away. We are happy to work
with you to draft your Will to ensure that your wishes are carried
out. We are here to help you and your family.
Please contact us now for an initial
free-of-charge-consultation on your Will or probate matters.
The information you obtain at this site is not, nor is it intended to be, legal advice.
You should consult a lawyer for individual advice regarding your own situation.
Copyright 2003 Janice Vu & Associates - Solicitors | This FirmSite by FindLaw
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