No matter how careful we are, no one knows when their time will come. But what happens to our loved ones after we pass on? That's where wills and estate lawyers come in. They help us make sure our wishes are carried out, and that our loved ones are taken care of after we're gone. If you're curious about what these lawyers do, or if you need help yourself, keep reading!
What are the benefits of having a wills and estate lawyer?
Peace of mind
Knowing that your estate matters will be handled according to your wishes. A wills and estate lawyer can save your loved ones time, money, and stress by handling the administration of your estate according to your wishes.
Guidance
Wills and estate lawyers are knowledgeable about the law and can provide you with guidance on how to best structure your estate. They can also help you navigate the many different processes in the multiple jurisdictions of estate law.
Protection
A wills and estate lawyer can help provide asset protection from predators, creditors, lawsuits, and even the state. They can also help you create trusts to protect your assets from probate.
Comprehensive planning
We can help you plan for all possible scenarios with practical legal advice and make sure your children are taken care of financially.
Avoid mistakes
By working with a wills and estate lawyer, you can avoid common mistakes that can lead to litigation, such as not having witnesses to your will or not updating your beneficiaries. A small mistake can have big consequences for your estate and your loved ones. By working with a wills and estate lawyer, you can avoid making costly mistakes.
Why do you need a Wills and Estates lawyer before leaving?
Drafting a Will is not the only thing a person needs to do before they die, and other factors can have an influence over their decision. Our Will and Testaments Lawyers are here to help you relax and concentrate on what matters most to you. Make an executable will to make sure that someone else will receive all that your estate needs at your death.
No Will – Intestacy
Unless you leave any Wills for a deceased friend or relative, the deceased person will be presumed to die in the absence of an heir. It will be distributed under the law affecting the intestacy at the time you die. We are capable of representing you in any case and helping you sell your estate. Read all the information about Intestacy here.
Estate Law is complex
Estate law is complex because it involves many different types of legal issues. For example, estate law can encompass everything from wills and trusts to probate and intestate inheritance. Additionally, estate law often intersects with other areas of the law, such as tax law, real estate law, and family law. As a result, Estate lawyers require a thorough understanding of a wide range of legal principles in order to effectively represent their clients. Additionally, because estate law is so complex, it can be difficult for individuals to navigate the legal system without the assistance of an experienced lawyer.
Services offered by Wills and Estate lawyers
Making a will
Many people put off making a will because they don't want to think about their own mortality. Others mistakenly believe that they don't need one because they don't have many assets. A lawyer can help you to choose an executor for your estate, and can draft a legally-binding document that outlines your wishes for your possessions and property. In addition, a lawyer can help you to plan for the distribution of your assets in a way that minimises taxes and maximises benefits for your loved ones. With the help of a lawyer, you can ensure that your final wishes are carried out exactly as you intended.
If you don't have a will, the law decides what happens to your property - and this may not be what you would have wanted.
Changing a will
If you already have a will, but your circumstances have changed (for example, you've married or had children), you may need to make some changes. Wills and estate lawyers can provide guidance on how to make changes to a will. Without the help of a lawyer, it may be difficult to make changes to a will that are both legal and effective. They can also ensure that the changes are made in accordance with the wishes of the person who made the will. In addition, wills lawyers can provide advice on what assets should be included in the will and how they should be distributed.
Contesting wills
After the death of a loved one, it can be difficult to think about anything other than your grief. However, if you have been named in the will of the deceased, it is important to take action as soon as possible. If you believe that the will is not valid, or that you have been unfairly left out, it is important to speak to a lawyer who specialises in contesting wills. They will be able to explain the process and help you to gather the evidence you need to make your case. In addition, they can handle all of the legal paperwork and negotiations on your behalf, giving you the time and space you need to grieve.
Estate administration
When a loved one dies, the last thing you want to deal with is figuring out their estate. But if you're the executor, it's your responsibility to make sure everything is handled properly. And that's where a lawyer can help. An experienced estate administration lawyer can guide you through the process, step by step. They can help you locate and value assets, pay debts and taxes, and distribute the remaining property to beneficiaries. And if there are any disputes along the way, they can represent you in court.
So if you're feeling overwhelmed by the task of administering a deceased's estate, don't go it alone. Get the help of a lawyer who can make sure everything is done right.
Estate planning
If you have significant assets or a complex financial situation, you may need to enlist the help of a lawyer to create your estate plan. An estate plan is a legal document that outlines your wishes for how your property and possessions will be distributed after your death. Estate planning lawyers can help to ensure that your estate plan is properly drafted and executed, and that it complies with state and federal laws. In addition, a lawyer can provide guidance on how to best protect your assets during your lifetime, and can assist with estate administration after your death.
Estate planning is the process of making sure that your property is distributed according to your wishes after you die. A wills solicitor can assist you with estate planning by drafting a will, setting up trusts, and making other arrangements for your property.
Testamentary trusts
Testamentary trusts are trusts created from an individual's will which only take effect after the death of the person. Generally, the use of testamentary trusts aims to protect the beneficiaries who suffer the greatest loss by protecting their assets. The trustee will manage the trust after your death, and the assets in the trust will be used to support your beneficiaries.
There are many benefits to setting up a testamentary trust, including avoiding probate and protecting your assets from creditors. A lawyer can help you choose the right kind of trust for your needs and draft the necessary documents. With careful planning, a testamentary trust can provide security for your loved ones after you're gone.
Powers of attorney
A power of attorney is a legal document that gives someone else the authority to make decisions on your behalf. If you are planning to grant someone power of attorney, it is important to understand the different types and the implications of each. A lawyer can provide advice on the best type of power of attorney for your situation and help you to draft an enduring power of attorney that meets your needs.
There are two main types of power of attorney: general and enduring. A general power of attorney gives the person you appoint road powers to make decisions on your behalf. An enduring power of attorney remains in effect even if you become mentally incapacitated, so it can be used to appoint someone to manage your financial affairs if you are unable to do so yourself.
Enduring guardianship
Enduring guardianship is a legal arrangement that allows you to appoint someone you trust to make decisions about your lifestyle and medical treatment on your behalf if you become unable to do so yourself. Many people choose to appoint a family member or close friend as their enduring guardian, but you can also appoint a professional such as a lawyer. A lawyer can provide invaluable guidance on the type of decisions your enduring guardian will be able to make on your behalf, and can help you to plan for future contingencies.
In addition, a lawyer can assist you in making sure that your wishes are carried out if you do ever lose capacity. If you are considering appointing an enduring guardian, it is well worth sought professional advice from a lawyer to ensure that your rights and interests are protected.
Family provision claims
Under family law, certain people are entitled to make a claim for provision from a deceased person's estate. This includes a surviving spouse, children, and dependent relatives.
Making a family provision claim can be a complicated and emotive process for all parties involved. If you are considering making a claim, it is important to seek legal advice from a solicitor who has experience in this area of law. A lawyer can help you to understand the eligibility criteria for making a claim and assess your prospects of success. They can also assist with gathering evidence and preparing your case for court. In addition, a lawyer can provide support and guidance throughout the process, helping to ensure that your claim is dealt with as efficiently and stress-free as possible. If you are considering making a family provision claim, speak to a lawyer today to find out how they can help you.
Probate
Probate is the legal process of distributing a deceased person's assets. If the deceased left a valid will, the court will appoint an executor to carry out the wishes outlined in the will. If there is no will, the court will appoint an administrator to manage the estate. Either way, the probate process can be complicated, and it is often helpful to have a lawyer on hand to ensure that everything goes smoothly. A lawyer can help to file the necessary paperwork, represent the estate in court, and liaise with the probate office. As a result, hiring a lawyer to assist with probate can save a lot of time and hassle.
Letters of administration
Letters of administration are necessary when a person dies without leaving a will. The letters appoint a person to administer the estate, which includes inventorying assets, paying debts and distributing property to beneficiaries. The process can be complex and time-consuming, and it is often helpful to have an experienced wills and estate team navigate the legal system on your behalf. An estate solicitor can guide you through the paperwork, help you understand your rights and obligations, and represent you in court if necessary. With a lawyer by your side, you can be confident that the administration of the estate will be handled correctly and efficiently.
How to choose the right wills and estates lawyers for you and your family
When it comes to choosing wills and estate lawyers, it's important to find a team that you can trust. After all, they will be responsible for handling your most precious assets. But how do you know if a particular firm is the right fit for you? Here are a few key things to look for:
Recommendations
You may know a friend or family member who has recently created their estate plan, disputed a will, or hired someone for similar services. What legal issues or estate planning issues did they encounter?
Experience
Your lawyer should have extensive experience with wills and estates, including supporting family members through this stressful time. How long have they been practicing? What kinds of cases do they typically handle?
Confidence
You should feel confident that your legal needs and financial affairs are being looked after by an experienced team of wills and estates lawyers. Ask about their process. How do they typically handle wills and estate planning cases? What are the steps involved?
Convenience
Your case could be a quick open and shut or it could take over a year to resolve so consider using a local wills and estate law firm so that its convenient for you. Where are they located? How do we stay in contact during the case?
The Legal Fees
Some firms charge an hourly rate, while others charge a flat fee. You should also consider whether the firm charges for initial consultations. What do they estimate your legal costs to be?
Our team of experienced wills and estates lawyers can assist you with all aspects of wills and estates law, including drafting wills, setting up trusts, probate, and administration. We offer a free initial consultation to all new clients.
Why choose State Law Group's expert team of lawyers
The answer lies in the comprehensive and individualised approach that our team takes with each client. We understand that no two clients are alike, and we take the time to get to know you, your family, and your unique circumstances. This allows us to tailor our expert legal advice and services to meet your specific needs. Our ultimate goal is to help you protect your assets and your loved ones.
With expert teams in New South Wales and Queensland, we're able to tailor practical advice on your estate planning and legal affairs or manage the administration of a deceased estate.
Speak to our experienced wills and estate lawyers today
Planning ahead is not just about what you put in your bank account, but also how it will affect those who come after. You only have one chance to get your estate planning right. Once you pass away, the will cannot be changed without intervention from Supreme Court and legal fees associated with contesting a Wills far outweighs cost of seeing our will solicitors early on so don't wait when there's an easy solution!
We also offer experienced power of attorney lawyers and other services related to deceased estates such as estate litigation, asset protection, family provision claim, and practical legal advice that focus on not only your best interests but your family members.
Contact our Will and estate Lawyers in Sydney & Brisbane at State Law Group today for a free consultation and learn how we can help you with our wills and estates services.
