Wills, Probate, & Estate Disputes
You are welcome to call us on 1300 799 888 for a short free telephone consult. It will save you time money & convenience.
When making a will it is absolutely necessary that it is drafted with precision to ensure that your intentions will receive full force and effect allowing all of your nominated beneficiaries to share in your estate in the manner in which you intended. There is nothing worse than where a person drafts a will and, following their demise it leads to intestacy or to some beneficiaries being excluded who normally would have been included had the will been properly drafted. Even where wills have received care and attention when drafted it is essential to bear in mind that not only the main beneficiaries but others may also have a right to claim on your estate eg. under the Family Provisions Act.
Many wills are being contested today because a class of beneficiary(s) surfaces after the demise of the testator and the will fails to reflect the testator’s true state of mind with respect to these individuals at the time the will was made. Should you desire to make a will or wish to pursue a claim against an estate then we are available to assist you. We will aggressively pursue, on your behalf, the obtaining of your rightful entitlements in contesting any unreasonable provisions in a will or where the position of the testator is uncertain or where the will fails to address the proper entitlements of the beneficiaries or potential beneficiaries entitled to pursue a claim against the testator’s estate. This area of the law is further complicated by the rule against perpetuities and the class closing rules.
LAC Lawyers is able to assist clients with the following:
Obviously there is a lot to think about whether you be testator or testatrix, executor, beneficiary or a person whom the deceased has overlooked where they were responsible for your welfare. Irrespective prudence dictates that you obtain competent, independent, legal advice to guide you to your desired outcome. To this end please call LAC Lawyers on 1300 799 888 for competent, professional assistance. The costs of using a competent solicitor whether to draft a will, to obtain advice as executor, to avoid mistakes, to challenge it or to seek provision under it are small compared to the risks which you run by going it alone. In most cases costs are recoverable from the estate on determination.
Costs
Normally solicitors bill their clients as the matter progresses. With some wills/inheritance disputes we are prepared to wait until the end of the matter before submitting our bill. In these cases our costs are usually paid out of the estate on settlement.
Wills disputes can become complex due to the classes of would be beneficiaries involved and the position they adopt. One of the best ways to control the costs of contesting a will is to negotiate them wherever possible to avoid both the heavy costs of litigation and any untimely delays associated with administering an estate.
We do not accept instructions in matters where the client's claim does not exceed of $100,000. Whether you be executor/executrix or a disappointed beneficiary and are concerned about a claim(s) made against an estate which you are administering or you have been overlooked by the deceased who has not made any or adequate provision for you please call LAC Lawyers to discuss. In some cases you may wish to discuss with us whether you qualify for our contingency fee arrangements.
Wills, Probate, & Estate Disputes Articles
Who can draft a will and the requirements for a valid will
Date: December 01, 2010
Author(s): LAC Lawyers
Wills are important legal documents and we recommend you seek legal assistance in drafting your Will. This is even more pertinent should you have...
Succession Act Claims - Can a step child make a claim on an estate?
Date: November 10, 2010
Author(s): Jana Whitby B.A., LL.B. (Hons.)
Are you a member of a modern family which like many others consists of step-children? If so, do you wonder what your responsibility is as a step-parent to make provision from your Estate to your step-children?
Wills, Probate and Estate Disputes - An Overview of Estate Law
Date: October 08, 2010
Author(s): LAC Lawyers
Find out about estates, executors, wills, probate, inheritance, beneficiaries, and more...
Can my self managed superannuation fund (SMSF) buy property?
Date: September 01, 2010
Author(s): LAC Lawyers
In the past, Australian law with respect to Superannuation did not permit a SMSF to borrow money, or to mortgage the fund’s existing property BUT...
Estate Planning - Self Managed Super Funds
Date: July 12, 2010
Author(s): LAC Lawyers
Retirement is not at the forefront of most working people’s lives but it should be. As Australia’ population is aging superannuation, and saving for retirement is becoming increasingly important.
Wills, Probate & Estate Disputes - Have you been left out of a Will?
Date: June 04, 2010
Author(s): LAC Lawyers
The death of a relative or an intimate is a difficult time for us all. We mourn their loss and grieve for the times that might have been. Then, the Will is read and no one contacts you to discuss your inheritance. You believed your loved one would have made provision for you in their Will and you are shocked to learn that this has not happened. What do you do?
Wills, Probate & Estate Disputes - Will Kits
Date: June 04, 2010
Author(s): LAC Lawyers
Your Will Last Will and Testament (Will) is your final legally binding communication to the world including those you love. You should ensure that expression is tailored to meet the whole of your circumstances.
Estate Planning - Trusts Created By A Will Funded By The Will Maker - Part 3: Types of Testamentary Trusts
Date: January 15, 2010
Author(s): Michael Pickering B.A., LL.B. (Hons.), LL.M., M. A.
The main reason for creating a beneficiary controlled testamentary trust is for protection of the principal beneficiary, particularly in a situation of relationship breakdown of marriage or de facto partnership. With the beneficiary controlled testamentary trust, there is considerable protection of assets from the primary beneficiary’s hostile family members.
Estate Planning - Trusts Created By A Will Funded By The Will Maker - Part 1: The Will
Date: January 13, 2010
Author(s): Michael Pickering B.A., LL.B. (Hons.), LL.M., M. A.
A will is a legal document in which the will maker sets out how and to whom his or her personally owned assets are to be distributed after death, the manner in which his or her estate is to be administered and the powers the executors are given.
Estate Planning - Trusts Created By A Will Funded By The Will Maker - Part 2: What is a Testamentary Trust?
Date: January 13, 2010
Author(s): Michael Pickering B.A., LL.B. (Hons.), LL.M., M. A.
Simply, a testamentary trust is a trust established by a will. Testamentary trusts can be mandatory or optional, fixed or non-fixed, flexible or protective, short or long-term, or charitable or non-charitable.
Deceased Estate Claims - Freedom to do what you want with your estate is limited
Date: May 19, 2009
Author(s): LAC Lawyers
No doubt you’ve heard people say from time to time they think they should be able to do what they like with their wills and how their estate, being their assets, is given once they die. They’ve worked hard all their lives, they’ve amassed a lot, or a little, and now, considering who should get their assets once they ‘go to a better place’, they frequently decide they’ll vent their disapproval of one or more of their children’s behaviour towards them by favouring one over another.
A Will: how should I make one?
Date: March 07, 2009
Author(s): LAC Lawyers
If you want to leave your estate, being your assets which you’ve struggled for years to acquire, to those closest to you, then it’s advisable to make a will. Otherwise your estate will be administered in accordance with the statutory order set out in the Probate and Administration Act.
Making A Good Will
Date: June 01, 2008
Author(s): LAC Lawyers
Some say there are two certainties in life: death and taxes. But if you do not want your ears ringing after you have left this earth, then it is certain that you need to make a Will and to make sure that your Will is clear, precise and properly executed.
Estate Planning - More than just a matter of making a will - Part 1
Date: May 06, 2008
Author(s): LAC Lawyers
Many people believe that by making a will, they’ve sufficiently planned for their death. This is a good start. A lot of people don’t do even that. Some estimates suggest that as many as half the people in Australia that die each year do not leave a formal will.
Estate Planning - More than just a matter of making a will - Part 2
Date: May 06, 2008
Author(s): LAC Lawyers
As stated previously in Estate Planning - More than just a matter of making a will Part 1, preparing a will is an important part of estate planning. A thorough and well drafted will determines to a large extent how your affairs are to be dealt with when you’re gone.
Disputing A Will & Family Provision Act Claims
Date: November 28, 2007
Author(s): LAC Lawyers
Two of the more common complaints made in connection with an estate include that the deceased lacked understanding or mental capacity when he or she made the will or that a family member or dependant was "left out of the will".
What to expect when you call LAC Lawyers
Date: December 13, 2006
Author(s): LAC Lawyers
LAC Lawyers is a full service firm dedicated to the provision of superior legal services in Australia. Our aim is to provide unrivalled client satisfaction coupled with high quality service and advice. When you call LAC Lawyers our friendly reception staff will spend time with you to identify the area of law your enquiry relates to then pass you on to one of our qualified solicitor's who can help you.
Essential Will Information
Date: November 08, 2006
Author(s): Frank Egan B.A., LL.B., A.C.L.A., F.T.I.A. (Notary)
Many people today make their own wills and this approach is fraught with danger. A will is a written declaration that sets out how a person wants their assets to be distributed to their beneficiaries following death.
The Importance Of A Will
Date: September 26, 2006
Author(s): LAC Lawyers
If you do not make a will and die “intestate” then your estate will be divided according to the law, regardless of your wishes.
The Benefits of Hiring A Lawyer
Date: August 16, 2006
Author(s): LAC Lawyers
The old adage “you get what you pay for” is as true today as it has ever been.
Why stay with your lawyer
Date: August 01, 2006
Author(s): LAC Lawyers
The lawyer/client relationship is a personal one and there are many reasons which will dictate who you can and cannot work with. If you don’t like your lawyer, should you change? Ultimately, the relationship between a lawyer and client must be built on mutual trust.
Making a claim against an estate
Date: September 23, 2005
Author(s): LAC Lawyers
Sometimes when a family member passes away some of the deceased’s relatives believe that they have not been adequately provided for in the deceased’s will.