Wills & Estates
To ensure that your property and assets will be dealt with in accordance with your wishes after your death, it is of the utmost importance to ensure that you have a valid Will. Probate relates to the legal process that confirms the validity of a Will.
At Conditsis Lawyers, our Wills & Estate Planning Team is experienced in all facets of this area of the law including Wills and Probate, enduring Powers of Attorney and Appointments of Enduring Guardians. These latter two documents are important as they authorise the person(s) who are entitled to make decisions on your behalf regarding financial matters or your health and wellbeing in the event that you are not capable of making decisions for yourself.
We are also experienced in acting for Executors or Administrators in obtaining a Grant from the Supreme Court, which authorises the legal personal representative to administer the Estate, either in accordance with the Will or the laws of intestacy. We also have experience in Estate litigation, for example, where a family member claims that they have been left without adequate provision for their management or advancement in life.
To find out more about Wills and Probate or other Estate Planning issues contact Conditsis Lawyers on (02) 4324-5688 or email enquiry@conditsis.com today.
We can help you in all matters of Estate Planning, including
Wills and Probate
A Will is a written document which details how a person would like their property disposed of after death. A Will takes effect only after death and, accordingly, it can be revoked at any time, provided the Testator has the relevant mental capacity to do so.
To ensure that your property is dealt with in accordance with your wishes, you must have an up-to-date Will. If you die without a Will, your property will be divided in accordance with a formula set out in legislation. If your Will has not been executed properly or does not comply with the formal requirements, this may make matters more complicated for your Executor and your family.
At Conditsis & Associates we will draft your Will in accordance with your testamentary wishes. We will also offer advice regarding certain matters to include in your Will and how to limit, so far as reasonably possible, claims being made on your Estate.
By seeking advice from one of our team you can ensure your Will is properly executed and that it reflects your wishes.
Probate
Probate relates to the legal process that confirms the validity of a Will. Once it is determined by the Supreme Court of NSW that the Will is enforceable, a Grant of Probate is issued to confirm that the Executor can legally deal with the assets of the Estate in accordance with the deceased’s wishes.
Our team of expert solicitors can advise you whether a Grant of Probate is required, and is so, assist the Executor in making the application and administering the Estate.
Contesting a Will
If you have been left without adequate provision for your maintenance and advancement in life, provided you fall within the class of persons defined in the Succession Act 2006 you may be entitled to make a claim upon the Estate. In NSW the time period for making a claim is 12 months, however you should make a claim as soon as possible after the death as once the Estate funds have been distributed it may prove difficult to retrieve the money.
If you believe that you have a claim upon an Estate, contact us and organise to speak to one of our team as soon as possible.
Power of Attorney and Guardianship Documents
Power of Attorney
A Power of Attorney is a document that appoints a person (called an ‘attorney’) to act on your behalf (the ‘principal’). Powers of Attorney can be used for almost any purpose, including the authorising the attorney to collect debts, vote at meetings, operate a bank account or to carry out any other function which can be lawfully delegated. An attorney cannot make personal, medical or lifestyle decisions for the principal. It is important to make a Power of Attorney as it enables your affairs to be managed by a person of your choice when you are unable to conduct them personally, for instance if you are travelling overseas or become mentally incapacitated. If you do not have a Power of Attorney in place, then if necessary the Guardianship Tribunal may appoint a financial manager to make decisions on your behalf.
Enduring Guardianship
Whilst Powers of Attorney deal with financial matters, you may wish to appoint someone (called a ‘guardian’) to assist you with health and lifestyle decisions in the event that you are unable to manage or cope with such personal decisions.
This power only takes effect however if you have lost capacity to make those important decisions.