About This Service
As experienced lawyers, we understand thoughts and conversations around Wills and Estates are difficult, so we are here to guide you through them.
We bring a friendly, thorough and caring approach to our Wills and Estates legal services. Our expert lawyers provide tailored advice to help ensure that your estate planning needs and wishes are best addressed and discuss all possible outcomes with you.
Amazingly, a great proportion of eligible adults have not made a Will, so we explain to you the essential need for the creation of a legally binding Will. Even if you do have one, your Will may not consider any changes in your circumstances and might not be able to secure the outcomes you hope for.
Estate planning is about much more than simply writing a Will and deciding what happens when you are no longer around.
We work with you to create a Will you feel comfortable with, aimed to achieve the best possible outcome for your family after you’re gone.
If you want to ensure that the assets you have worked hard to accumulate during your life are distributed properly to your loved ones, it is essential that you have a Will that is clear, concise and properly executed.
To die intestate, that is without a Will, or to die leaving a Will which does not reflect your true wishes, can create a great deal of stress for those left behind, often causing friction within families.
Dealing with the 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 you have no Will, or you have not obtained proper legal advice during the drafting of a Will, there can be disagreements which can lead to your familial relationships being damaged, often irreparably, by a lengthy and emotionally draining legal process.
If you are over the age of 18, it is crucial to turn your mind to estate planning and have your Will prepared. You are never too young to start thinking about this as even if you have no assets now, it is probable that you will one day! Without an effective Will, your assets may not be distributed in accordance with your wishes after your death.
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 your unique personal and financial circumstances in order to prepare a Will tailored to your specific needs.
Testamentary trusts can help protect your assets when they pass to your beneficiaries and give you greater peace of mind.
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 have wide discretionary powers in making distributions.
We can give you trusted advice on who to appoint as your Power of Attorney including guiding you through the roles and any limitations that you should put in place.
Enduring Powers of Attorney are separate documents to your Will. They are important if 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 a medical treatment decision-maker for medical treatment matters. Through each of these appointments, you can place conditions or express wishes that will bind your attorney or agent if they step into that role.
With experience and expertise honed over decades, we’re ready to assist you and provide solutions to whatever route you want to go down. Even if you want to change your mind or your circumstances change, we are by your side every step of the way.
We can also prepare general non-enduring power of attorney documents for specific transactions, such as property purchases.
Your Superannuation & Business Structures
Where you or your family are involved in complex business structures, such as family trusts and companies, we can advise you on how to best ensure the control of those entities passes in accordance with your wishes upon your death.
We can also 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. Feel free to reach out to us for our recommendations in this area.
If you need estate law advice and assistance from an experienced and compassionate firm, contact us today.