Will/ Estate Disputes and Testators family Maintenance Claims
We have been taking instructions for wills, probate and powers of attorney for over 30 years, and more recently enduring guardians. A will is a most important document as it is the only time in your life that you may give away your assets to someone else for nothing.
It is important that the intended beneficiaries actually receive the gift contained in the will.
Wills need to be properly drafted and properly signed and witnessed. Otherwise, it may be that a deceased person’s wishes will not be carried out. We have extensive experience in disputes over wills and in particular are regularly involved in family provision matters.
Our lawyers are able to assist executors who are defending claims made upon a deceased estate by disgruntled relatives or spouses. On the other hand, we are also able to assist clients who feel they have not received a fair division of estate assets.
Apart from having a well drafted will, it is also important to be able to appoint a trusted family member or friend or associate as an attorney under a power of attorney. A properly drafted power of attorney will ensure reliability so far as financial decision making is concerned. A more recent development is the enduring guardian which appoints a family member or associate to make medical decisions (rather than financial decisions).
We recommend to most clients the need to have:
- a will
- an enduring power of attorney
- an enduring guardian
- a death benefit nomination in respect of superannuation fund monies
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