WILLS AND ESTATES
It is recommended that everyone over the age of 18 should have a legal will. A Will contains instructions regarding how your estate should be disbursed after you die. It is a legal document which deals with all the assets in your estate.
We recommend to each of our clients that at the time of drafting their will we also draft a Power of Attorney and Enduring Guardian.
A Power of Attorney is a document where you appoint a person to manage your financial and particular legal affairs in the event that you cannot manage them yourself.
An Enduring Guardian is a person you appoint to act on your behalf and make decisions regarding your lifestyle in the event that you lose capacity and are unable to make decisions for yourself.
Where a person dies with a valid Will it is necessary to go through the process of Probate. This is the process where the Will is lodged with the New South Wales Court. Once the Court declares the Will to be valid this allows the Executor to administer the estate and disburse the assets amongst those identified in the Will to be the beneficiaries.
If a person dies without a Will or if the identified Executor cannot perform the role then it is necessary to apply to the Court to appoint an Administrator. This process is called Letters of Administration.
Family Provisions Claim
If you feel you have been unfairly left out of a Will or if you have not been provided for appropriately in the Will you may be able to make Family Provisions claim.
Please contact our office to book a free appointment with one of our solicitors to discuss your matter.
David Hemsworth – Solicitor
David Hemsworth works in the areas of Criminal Law, Traffic Law, Wills and Estates. David commenced his career with the Director of Public Prosecutions where he worked on many serious criminal matters across all areas of criminal law.