How we can help youMost people desire simplicity when it comes to their assets and estates. Others want to be prepared for every possible scenario. Our job as your estate lawyers is to understand what you want and translate that into incontrovertible legal documentation. This may include setting up a trust, drafting a simple (or complex) will, appointing an attorney, or preparing a relationship property agreement (or any other bespoke property agreement). Creating a willHaving a will is important, it provides the means to ensure your assets are distributed according to your wishes, designating beneficiaries and minimising family conflicts by clearly stating how you want your assets to be dealt with once you are gone. Our firm specialises in estate law and can assist you with creating your first will or updating your existing one so that it always accurately reflects your estate and wishes. Appointing an attorney (Enduring Power of Attorney)We can assist you with the preparation of Enduring Power of Attorney documents, which appoint a person (or persons) to act on your behalf in the event that you become incapable of making certain decisions regarding your property and/or your personal care and welfare. These are important, because without them, your children or the people you care for will have to apply to the Family Court for permissions. Setting up a trustMany people have established trusts without understanding that, although they can be structured to operate in a relatively hands-off manner, they are not inherently passive structures. With the enactment of the Trusts Act 2019, trustees are subject to statutory duties, and any breach of trust may lead to trustee liability. We can assist you in setting up a trust that best suits your purpose and we can also help you with the management of your trust, ensuring that you understand your trust and the obligations of your trustees. Relationship property agreementsA relationship property agreement is a written agreement that enables couples to designate the status, ownership and division of property in the event that they separate or one of them passes away. If you are purchasing property with a partner then we will ask about whether or not you have a relationship property agreement in place. We can draft the agreement for you, considering any complexities regarding your assets and including provisions for any trusts of which you are a beneficiary. Retirement villagesIf you are considering moving into a retirement village, it is highly likely that you will need to sign an Occupation Right Agreement (“an ORA”), which grants you the right to occupy a unit in the village for the duration of your life. These agreements can be both long and complex. We can provide guidance on what you are committing to and the financial implications. Before entering into an ORA, you will need to have a will in place, appoint an attorney and seek legal advice to ensure you fully understand the terms and conditions of the agreement. Probate and estate administrationProbate and estate administration is the legal process of managing and distributing a deceased person’s assets according to their wishes or applicable laws. Our firm specialises in probate and estate law, offering guidance and assistance throughout the administration process. From filing the necessary paperwork to resolving disputes among beneficiaries, we can help ensure the efficient and accurate distribution of assets. Can’t find see what you are looking for? Reach out to one of our team or contact us. Speak to our team
