Wills & Estates

Our team of experienced lawyers provide legal advice and legal representation in the following areas:

  • Making a Will, Challenging a Will, Defending a Will – Wills provide certainty and makes life easy for the appointed Executor to distribute the estate property in accordance with the wishes of the testator. A Will can make specific gifts, establish trusts, appoint guardianship(s) for children, make charitable gifts, provide for the care of loving pets and create a residuary gift for property not specifically disposed.
  • Estate Planning – Power of Attorney, Enduring Power of Attorney – A Power of Attorney allows you to appoint someone you trust to take over the management of your financial and business affairs when you are too busy. An Enduring Power of Attorney allows you to appoint someone you trust to manage your financial affairs when and only when your health fails, and you no longer enjoy the mental capacity to make financial decisions.
  • Appointment of Enduring Guardian – Allows you to appoint a guardian to make your health care and well-being decisions including where you live if at any time you lose your mental or physical capacity.
  • Advance Care Directive – Allows you to inform your family, friends and health care providers of your views, wishes and beliefs about the quality of your life and the medical treatment you require. It is only to be used when you lack the capacity to speak on your own behalf.
  • Probate – Probate involves proving to the Supreme Court that the Will is the last Will and Testament of the deceased person. If Probate is granted, the Supreme Court makes an order that grants the Executor the power to administer the estate. It depends upon the value of the deceased person’s estate as to whether it will be necessary to obtain probate.With estates requiring the granting of Probate, it is the duty of the Executor to complete an inventory of the deceased’s assets and liabilities. All debts and taxes including income tax of the deceased must be paid. Some assets may incur a liability for Capital Gains Tax hence it is important to research the date and cost of acquisition of the deceased’s assets which could be subject to Capital Gains Tax. Funeral expenses are to be paid, and also executor’s expenses if any.
  • No Will – Intestacy – When a person has no Will and dies, they are said to have died intestate. The Government has put in place certain rules which provide for the distribution of a deceased person’s assets in these circumstances. The laws of Intestacy allow that a deceased person’s next-of-kin will inherit the estate. A deceased person’s next of kin can apply to the Supreme Court to be appointed the legal personal representative.The next-of-kin should consult an experienced Lawyer for professional advice about what to do.
  • Will Dispute – If a Will was prepared under suspicious circumstances, or at a time when the person making the Will did not understand what they were doing, then it is possible to challenge the validity of the Will in the Supreme Court. However, in these circumstances, such a challenge must be brought before Probate of the Will has been granted. A legal challenge can be stressful; however it does not need to be a battle – it is about working with all parties involved to bring about an acceptable legal solution.
  • Family Provision Claims – When a person makes a Will, they have the right to decide who inherits their property after they die. However if someone believes that they have not received adequate provision from a Will, there are laws to protect them. If you think you have been unfairly provided for and want to contest or challenge a Will, contact NEW Legal Solutions P/L to speak to an experienced Lawyer for good advice and legal representation.
  • Legal Costs of Contesting a Will – NEW Legal Solutions P/L will get the best result for you on a ‘no win, no fee’ basis, which means that you do not pay our legal fees if we don’t win your case. If you are considering attempting to challenge a Will, or are defending a Will, contact us today to find out how we can help.
  • Life Insurance & Superannuation – Incapacity to work due to illness or disability, may entitle you to receive benefits through your superannuation, life insurance, or other insurance policies including: Total and Permanent Disablement (TPD) claims, Income protection claims, Trauma claims (including Workers Compensation, Motor Vehicle Accident etc), Life insurance or death benefit claims, Early release of superannuation, Unpaid Super, NDIS Scheme
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