As part of our dedicated legal team, experienced Wills and Estate Planning Lawyers in Melbourne can help you record your final wishes in a professional, precise and compassionate way.
A Will is a written document that sets out your requests as to what happens to your property (your ‘estate’) after you die, and it is important for each will maker to understand its implications. It gives clear instructions for the person or organisation distributing your property (your ‘executor’) about how this is to happen.
A Will can be made by anyone aged over 18, as long as they have the mental capacity, also known as testamentary capacity, to make and understand their decisions. Our Wills and Estate Planning lawyers have years of experience in Wills and Estate Law, so we can help you record your final wishes and how you would like them to be carried out.
We as your Melbourne wills disputes lawyers can help you no matter how straightforward or complicated your estate and it also includes connecting you with our estate litigation lawyers if necessary. Melbourne Lawyers & Mediators can assist you with:
When you write your Will, you’ll be advised to appoint an Executor. An Executor is legally responsible for handling a person’s estate (their money, property and possessions) when they die and for carrying out the instructions in their Will, which may involve communicating with family members.
The executor of a will has different obligations and responsibilities assigned to them, especially when it comes to resolving any potential legal disputes. The main responsibilities of an executor include:
The tasks most associated with being an executor include:
Powers of Attorney are legal documents that allow you to choose who will make decisions about financial and personal matters, if you are not able to make these decisions yourself
At some time in your life you may be faced with changes – such as an accident or illness – that might take away your capacity to make your own decisions about things like:
If you don’t have a Power of Attorney, you may not be able to choose who should make decisions on your behalf, and this could lead to conflict over who should take charge of the decision-making process if you lose capacity, especially considering the strict time limits involved. As a result, the Victorian Civil and Administrative Tribunal may be asked to appoint an administrator or guardian to help you.
A Power of Attorney can be either a financial Power of Attorney or a medical decision maker, or both. You may choose the same person to be both, or choose a different person for each role. You can also choose whether you wish to appoint an enduring or non-enduring POA, depending on your personal circumstances.
If you lose mental capacity (the ability to make independent, sound decisions), unless you’ve already completed a Power of Attorney form, your loved ones will need to apply through court to become ‘a deputy’. This can be a long, confusing, and expensive process.
By nominating a trusted friend or relative before you lose capacity, you can ensure they work together to make decisions on your behalf.
Here at Melbourne Lawyers & Mediators, our experienced team often hear “Oh, that doesn’t apply to us, we’re too young and healthy!” This is a common misunderstanding. Accidents happen without warning, and you can only create a Power of Attorney when you have the proper capacity. Once you’ve lost capacity, it’s too late.
Probate is a critical legal step required before a deceased person’s estate can be administered and distributed to the beneficiaries. It is a legal document issued by the Supreme Court that certifies that a will is valid and can be acted upon.
A ‘Grant of Probate’ is important because without it, an executor does not have authority to administer the estate. Further, a deceased person cannot hold bank accounts, shares, real property, cash, or superannuation. Therefore, probate is the important process of concluding the affairs of the deceased person.
The executor named in the last Will must apply to the Probate Office of the Supreme Court. The Application includes filing with the court documents such as an Originating Motion, Affidavit, Advertisement and Inventory of Assets and Liabilities. If their application is approved, the court will order a ‘Grant of Probate’ to the executor. Management of the deceased’s assets will then be safely transferred to the executor.
Applying for Probate may become a difficult process when the deceased person’s Will is contested. It may be contested on grounds that the testator did not have capacity to make the Will at the time, or there is a lack of valid execution, or perhaps the testator was under undue influence at the time of executing their Will. In these circumstances, it is best to seek legal advice.
If a person passes away without a valid Will, validation of their estate and benefactors, often leading to estate disputes, is completed by applying for a ‘Letter of Administration’. The court needs to approve the most appropriate person to administer the estate. The application is typically completed by the next of kin, or if there is no next of kin willing or able to act, the State Trustees may make the application.
The court usually grants a ‘Letter of Administration’ to:
If you need help with any matters relating to Grant of Probates, Letters of Administration, or to draft a Will or Power of Attorney (Financial or Medical), our experienced will and estate planning lawyers in Melbourne can help.
A valid Will clearly outlines how your estate (property, money, possessions) should be distributed after your death. It ensures your wishes are followed and helps avoid disputes or confusion among loved ones.
An Executor is the person appointed in your Will to carry out your wishes. Their duties include collecting assets, paying any debts and taxes, applying for probate, and distributing your estate to the beneficiaries.
A Power of Attorney allows someone you trust to make financial, personal, or medical decisions on your behalf if you lose capacity. It’s important to set one up in advance, as it cannot be created after losing decision-making ability. You can onboard estate planning lawyers in Melbourne to understand the whole process.
Probate is a legal process where the Supreme Court validates the Will and confirms the Executor’s authority to manage the estate. It’s required before assets like property, superannuation, and bank accounts can be transferred.
Yes, Wills can be challenged on legal grounds like lack of capacity or undue influence. If someone dies without a Will (intestate), their estate is distributed based on legislation, and a ‘Letter of Administration’ must be obtained to manage it.
