Wills, Estate & Probate

Our Wills, Probate, Estates and Powers of Attorney Department has experience in relation to:

* Preparation of Wills

* Powers of Attorney (Financial)

* Powers of Attorney (Medical Treatment)

* Preparation of Probate documents

* Administration of Estates

* Survivorship Applications

* Wills and Estate Litigation

* Testators Family Maintenance Claims (Will disputes)

 

WILLS

Nobody likes to think about it too much, but inevitably one day you will leave your family behind in this world.

Phoenix Lawyers & Co can guide you through the process of drafting and structuring your Will in a way that is best suited to you. We sit down with you and we listen. We ensure that we have full understanding of your personal situation and determine the best solution for you and those you wish to protect.

Wills can be quite daunting to think about but it is imperative and beneficial to have one prepared to ensure that there is no unnecessary strain on your family.

 

POWER OF ATTORNEY

Who will make decisions for you, if you are unable to make decisions for yourself?

There are two main types of Power of Attorneys which are:

1. Financial Power of Attorney; and
2. Medical Power of Attorney

 

FINANCIAL POWER OF ATTORNEY

A Financial Power of Attorney is a legal document that authorises a person, formally known as an attorney, to make financial decisions on your behalf including day-to-day banking, selling your home, overseas travel and speaking with government authorities such as Centrelink.

 

MEDICAL POWER OF ATTORNEY

A Medical Power of Attorney is a legal document that authorises a person, formally known as an attorney, to make medical decisions on your behalf regarding any medical treatment that is required if you lose capacity to make decisions on behalf of yourself.

The attorney should be someone you trust, and someone who you think will look after you and your affairs in your best interests.

 

PROBATE

A Grant of Probate, also known as a Grant of Representation, is the first step in the process of proving a Will and administering the Estate of a deceased person and is applied for at the Supreme Court. Grants of Probate are court documents that allow the executor or administrator to finalise a deceased person’s financial and legal affairs. The executor will have the authority to distribute your assets accordingly amongst the beneficiaries named in the will.

 

LETTERS OF ADMINISTRATION

Letters of Administration applies when there is no will. There is a common misconception that if you die without a will the government gets your money, which is not correct.

The Administration and Probate Act allows the government to follow a specific procedure to distribute your estate to your next-of-kin. Your estate cannot be distributed without the grant of Letters of Administration from the Supreme Court.

 

SURVIVORSHIP APPLICATION

Do you have assets jointly owned together with your partner and your partner has passed away? If you do, a Survivorship Application may be the only thing that you require.

A Survivorship Application is required to formalise the transfer of any assets out of joint names into your name solely.

 

 

ESTATE DISPUTES

Phoenix Lawyers & Co. comprises an understanding in estate litigation.  We are committed to the highest standards of ethics and integrity and ensuring we provide quality cost-effective legal services.

A person may challenge an unfair Will which may either result in legal proceedings within a court or may be resolved and settled at mediation.

The law recognises a person’s right to choose who will inherit his or her property, there are however very good reasons why a person should be contesting a Will. Few reasons include being left out of a Will, the Will is not valid and there is no Will.

 

Contact Phoenix Lawyers & Co. today if you require assistance in relation to any of the above.