PROBATE & ESTATE LAW

It is almost impossible to completely prepare for your own death, or for a relative or friend. Quite often it’s just something most of us do not wish to face or discuss. It can however be a little easier if you know some of what to expect and understand how you may be able to help prepare for this end of life process.

 

 

Making a will is the only way you can ensure that when you pass, your estate will be distributed according to your wishes. If you die without a will, no one knows who you wanted as your beneficiaries. Your assets will be distributed according to a formula set by legislation. This means that certain relatives will receive a defined percentage of your assets, despite what you may have wished.

 

We can assist with drafting your will. You will need to appoint a responsible and competent executor and know who will be the beneficiaries of your assets of your estate. You may wish to place specific instructions with regard to being buried or cremated.

 

 

You may need to consider drafting a legal document that allows you to appoint a person(s) to manage financial and legal decisions on your behalf. Such document will continue even if you lose the ability to make decisions for yourself.

 

 

An enduring guardian allows a person to appoint another person to make personal or lifestyle decisions when the appointer can no longer do so for his or her self. eg. Decisions as regards place of residence, decisions as regards personal services or decisions as regards medical and dental treatments.

If you feel it’s time to pass on the decision making for yourself then we can assist you. We can arrange for one of our solicitors to visit you and obtain the particulars needed to draft an enduring guardianship Appointment Form.

 

 

An advance care directive is a record of your wishes that informs people in advance what health care treatments you’d like to have, or refuse, if you’re to make such decisions.Medical advances mean that there are treatments which can keep you alive when you are seriously ill or injured, and which may prolong your life. Some people have firm ideas about how they want to live the rest of their life, including conditions or treatments that they might find unacceptable.An advance care directive will help your family and doctors to know what you would want when you are not able to tell them yourself. It is best to write your advance care directive so that your wishes are clearly recorded.

 

 

It is important to let your family know your decisions about organ and tissue donation. If you want to be an organ donor, the Advance Care Directive asks you to declare your consent to antemortem interventions. Our firm can assist you with such process.

 

 

Most funeral arrangements are made after the person has died. However this can be a stressful time, so it can be helpful to begin planning earlier. Beginning to plan before someone dies provides an opportunity for them to talk about their wishes and preferences. Funerals can be pre-arranged with a funeral director who can also give details about pre payment plans.

The Funeral Director takes responsibility for attending to the legal requirements after a death, including obtaining the Death Certificate, and for making the necessary arrangements for a funeral.

 

 

A grant of probate is an order of the Court that confers, or confirms, title to estate property upon the executor or administrator. It is important to locate the will of the deceased, In the will the testator usually nominates who he or she would like to act as the executor or executors. The executor is responsible for collecting the deceased’s assets, paying any debts and then distributing the assets to the beneficiaries.

 

As soon as you have located the will and gathered together details of the deceased’s assets, you may consult with our firm to prepare an application for probate to be lodged in the Supreme Court of NSW.

 

Once you have the Grant of Probate, you have the authority to distribute the deceased’s estate in accordance with their last will & testament.