Wills & Deceased Estates
A qualified solicitor can guide you through this process without stress or worry to ensure your instructions are carried out, exactly as you intended.
Due to the complexity of Wills and Estate situations, coupled with the fact that the time of bereavement is an emotional period, it is important to get sound, professional advice.
This will ensure that not only are your assets protected but that they will be distributed in accordance with your wishes. Our experienced team can assist you with:
- Wills & Estate Planning
- Enduring Powers of Attorney
- Enduring Powers of Guardianship
- Testamentary Discretionary Trusts
- Probate & Deceased Estates
- Executor Services
- Capital Protected Trusts
- Special Disability Trusts
Why should you engage a Solicitor's assistance with Probate/Administration?
- At a time of loss, you may not always be thinking clearly and the process of applying for a Grant of Probate or Grant of Letters of Administration can be complex. Do-it-yourself Probate Kits can be fraught with danger and mistakes can be expensive to rectify. A Solicitor can guide you through this process without the stress and worry.
- Where an Application has been made and inconsistencies appear between the Application and Will and/or death certificate, the Court may query these inconsistencies by issuing a requisition. Responding to a requisition can be difficult. Some errors are avoidable, and engaging the assistance of a Solicitor to prepare your Application increases the chances of your Application being accepted first time.
- A person appointed Executor to a Will, or Administrator where there is no Will, has important legal obligations upon them to administer a Deceased Estate in accordance with the Will (when there is one) and relevant law, but also owes a fiduciary duty to the beneficiaries of the Estate. As an Executor you must always have the Estate and beneficiaries' best interests at heart and at times, this can cause stress and emotional hardship on you.
- The death of a parent, sibling, other family member or friend can have a profound and sometimes unexpected effect on those around you; greed, mistrust and lack of co-operation are often seen amongst the family members left behind. Having a Solicitor on board during the Probate/Administration process gives beneficiaries and next of kin a third party to direct their queries and relieves you of the pressure of any anger and/or accusations, or a potential law suit should you not administer the Estate according to law.
- As an Executor/Administrator, you are bound by law to administer the Deceased Estate in a particular manner; there are many things which must be dealt with as part of a Deceased Estate and a Solicitor can help you to ensure that the administration of the Deceased Estate is completed to finality and in accordance with the law. For example, if all debts owed by the deceased are not extinguished before distributing the Estate amongst beneficiaries, as legal personal representative for the Estate, you can become personally liable to any creditors who become known after distribution.
- In most cases, final tax returns will need to be prepared for the deceased and/or a Deceased Estate. Obtaining Solicitor's advice can alert you to issues relating to capital gains tax, fringe benefits tax and other issues you may not be aware of yourself.
- Some Wills can be complex, containing complex testamentary trusts which can be difficult to understand. Further, a Solicitor can advise you on the best way to preserve Estate assets where the beneficiaries are young and not due to inherit for many years. For example, a Solicitor can give guidance on investments or post-testamentary trusts of which can benefit the beneficiaries.