Wills & Estate Planning in Geelong & Southwest Victoria
Wills & Estates Planning Services
Planning for your family’s future after you’re gone is an important legal task.
If you take the time now to make an effective legally binding Will and Testament you can save your family not only stress but money in what will undoubtedly be a difficult time for them.
What We Can Do:
- Advise you in regard to estate and Probate laws
- Write a will that maximises the inheritance for your family
- Set up family and testamentary trusts
- Advise you in regard to choosing executors and guardians
- Minimise the chance that your will is contested and subject to litigation
- Advise in regard to estate tax (including capital gains) and financial concerns
- Safely store your will and other important legal documents
Powers of Attorney & Guardianship
At the same time as considering your will, we strongly recommend that you also put in place plans for any future incapacity through Power of Attorney and Guardianship documents. This will ensure that if you somehow become unable to make decisions about your finances, your medical treatment or living arrangements then the person or persons who you trust to make these decisions can do so unhindered.
Contesting a Will
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If you’ve been left out of a Will or have been unfairly treated in terms of the amount of your inheritance you may be able to make a claim against the estate.
Who Can Dispute a Will?
It varies from state to state, but some of the people who may be entitled to claim include people who had a relationship with the deceased such as:
- Wife or husband
- De facto or same-sex partner
- Former spouse or de facto partner
- Child, stepchild or grandchild
- Parent of a child of the deceased
- Parent, brother or sister
- Someone who was financially dependent on the deceased
- Carer of the deceased
This is a very general guide only so please contact us to discuss your particular circumstances.
Is There a Time Limit?
Yes, there is. You have only 6 months from the date of the Grant of Probate to make a claim. In certain circumstances, we might be able to obtain an extension of the time limit so please contact us to discuss your situation.
What if I Don’t Believe the Will Was Valid?
You can challenge a Will if you believe that the will is a forgery or if the person lacked the mental capacity to make a Will. You can also challenge a Will if you believe that undue influence was brought to bear upon the deceased or if there was fraud involved.
How Do I Make a Claim?
First, contact a lawyer, who can assess your claim and discuss the particular circumstances of your claim. If it’s worth continuing, we will contact the executors and notify them of your claim. We will then gather evidence, prepare documents and make an offer to the executors. Many claims are settled through negotiation at this stage.
If the matter isn’t resolved, then we can lodge documents with the court to initiate proceedings. We can still negotiate and in some cases, mediation will be required by the court.
Failing all else, we will proceed to a court hearing wherein the evidence will be presented, and the judge will make a decision.
We Can Help
At every stage of contesting or challenging a Will it’s important to have sound, experienced legal advice. We have the skills to negotiate on your behalf to avoid costly court fees, but if it comes down to court, we also have the skills to fight on your behalf.
Contact us to find out more or to arrange a consultation with one of our will & estate planning lawyers on