Wills, Probate & Estate Planning

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Make a Will / Estate Planning Form

Make a Will / Estate Planning Form

Articles about Wills, Probate & Estates

Articles about Wills, Probate & Estates

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We bring a friendly, thorough and caring approach to our Wills and Estates practice.  We provide tailored advice to help ensure that your estate planning needs and wishes are best addressed.

Most importantly, we can explain the need for the creation of a legally binding Will. Amazingly, a great proportion of eligible adults have not made a Will, or, if they have, the Will may not consider a change in circumstances.

We can assist you in the following areas:

Estate and family succession planning, including - 

  •  Preparation of both simple and complex Wills, Testamentary Trusts
  •  Preparation of Enduring Powers of Attorney (Financial / Personal and Appointment of Medical Treatment Decision-makers)
  •  Assistance with Advance Care Directives
  •  Binding Death Benefit Nominations and Self-Managed Superfunds

Estate administration - 

  •  Applications for Grants of Probate and Letters of Administration
  •  Simple and complex estate administration
  •  Estate litigation
  •  Re-sealing international & interstate Grants or Representation

Dealing with a death of a loved one, and the settlement of their estate, is an emotionally taxing time for family and friends of the deceased. This is especially apparent when there are issues with the Will which may be avoided with proper advice from a professional legal team.

Where there is no Will, or proper advice has not been obtained in the drafting of a Will, there can be disagreements which can lead to familial relationships being damaged, often irreparably, by both lengthy and emotionally draining legal process.

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If you are over 18, it is crucial to turn your mind to estate planning, and specifically, have your Will prepared.
Without an effective Will, your property may not be distributed in accordance with your wishes after your death.

To die intestate, that is without a Will, or to die leaving a Will which does not reflect your wishes, can create a great deal of stress for those left behind, often causing friction within families. Once a Will is in place, it is important to review it regularly to keep up with changes in personal and financial circumstances, wishes and applicable laws.

At Nevile & Co, we take into account each client’s unique personal and financial circumstances, in order to prepare a Will tailored to their needs.

Testamentary Trusts

If you are concerned about the assets of your Estate falling into an unintended third party’s hands after your death, we recommend you consider setting up testamentary trusts as part of your Will. A testamentary trust is a discretionary trust set up in your Will, that comes into operation upon your death. The trustee(s) holds your beneficiaries’ inheritance on trust for them, and has wide discretionary powers in making distributions.

Wills with testamentary trusts have the following distinct advantages over a regular Will:

  1. Income and capital gains tax savings: a beneficiary may be able to reduce personal income tax by splitting the income from the investment of the inheritance between a range of family members at low tax rates.
  2. The trust structure can provide greater asset protection for the beneficiary’s inheritance as against third parties, such as trustees in bankruptcy, former partners in family law property disputes, persons who may wish to contest your Will, and any person that sues a beneficiary to your Will.
  3. Suitability for vulnerable beneficiaries: where a beneficiary has gambling or spendthrift tendencies, a testamentary trust can be used to ensure that they receive a benefit, but do not have control of their share. Further, a testamentary trust can be used to help protect the inheritance of a beneficiary with a disability, and ensure adequate and sustained provision is made for them after your death.

Superannuation & Business Structures

We can provide basic advice in relation to superannuation matters, including binding death benefit nominations and SMSFs. However, we recommend that you consult an accountant with expertise in this area for comprehensive advice.

Where you or your family are involved in complex business structures, such as family trusts and companies, we can advise on how best to ensure that control of those entities passes in accordance with your wishes upon your death.

Powers of Attorney

Enduring Powers of Attorney are separate documents to your Will. They are important if, for some reason you become incapacitated and cannot make decisions about your financial, personal and medical treatment matters at some point in the future, while you are still alive.

You can appoint a power of attorney for financial matters, personal matters (previously guardianship) or medical treatment matters. Through each of these appointments, you can place conditions or express wishes that will bind your attorney if they step into that role.

We can also prepare general non-enduring power of attorney documents for specific transactions, such as property purchases.

Probate, Administration & Will Disputes

We can act on your behalf in:

  • Probate and letters of administration applications
  • Interstate and international reseal applications
  • Administering an Estate once a grant is received
  • Will disputes – acting for the Estate, or the family provision applicant

We provide expertise, advice and services regarding:

  • Administration of Estates
  • Beneficiaries
  • Contesting Wills
  • Deceased Estates
  • Estate Planning
  • Making a Will
  • Resealing Probate
  • Testator's Family Maintenance
  • Trustees
  • Wills Disputes
     Read our Wills Brochure