Wills & Estates

Wills & Estate Planning

Having a legally valid Will provides you with the peace of mind that your loved ones are looked after in the event of your death. With a proper estate plan in place, you can ensure that your assets are protected, tax implications are minimised, your beneficiaries receive the greatest level of inheritance, you have an effective business succession plan in place and the chance of someone contesting your Will is reduced. Our experienced and dedicated Wills and Estate Planning lawyers will help you plan for the unthinkable and advise you in relation to who you wish to name as Executor of your Will and who you decide to be the beneficiaries of your Will. They can also assist you in updating your Will when your circumstances change, such as when you get married, have children or grandchildren or when your financial circumstances change.

Enduring Power of Attorneys, Appointment of Enduring Guardians and Advance Health Care Directives

While preparing a Will is a great first step for preparing for future, it is also important that you plan for the potentially unfortunate circumstance of losing your capacity or becoming seriously ill or injured. Although this a daunting thought, our experienced Estate Planning lawyers believe it is essential to have plans in place to ensure that financial, lifestyle and health decisions that affect you are carried out by those you trust in accordance with your wishes in the event that you become seriously mentally or physically unwell. An Enduring Power of Attorney authorises someone to make legal and financial decisions for you when you are unable to yourself while an Appointment of Enduring Guardian allows you to appoint someone to make health and lifestyle decisions on your behalf when you do not have the capacity to make them for yourself. At Dettmann Phair Lawyers we always advise our clients to also prepare an Advanced Healthcare Directive which sets out in writing your wishes for your healthcare and treatment should you become seriously ill or injured. An Advanced Healthcare Directive makes it easier for your loved ones and healthcare team to make decisions for you.

Probate & Estate Administration

If you have been nominated by a loved one to be the Executor of their Will you have the responsibility to manage their Estate in accordance with their wishes as outlined in their Will once they have passed. Whilst this can be an emotional and trying time if you are an Executor, our Probate and Estate Administration lawyers can assist you apply for Probate and guide you through executing your duties are Executor. In circumstances where your loved one has passed without leaving a valid Will, our Probate and Estate Administration lawyers can help you apply for a Letters of Administration which allows for the distribution of assets when a person has died intestate. Regardless whether your loved one left a Will or not, our Probate and Estate Administration lawyers can guide you through the legal processes during this difficult time for you and your family.

Contesting or Challenging a Will

If you have not been adequately provided for in a loved one’s Will or perhaps left out altogether and you are an eligible person that the Testator has responsibility to make provision or support, you may contest the Will by making a family provision claim to receive your fair share. It is important to note that strict time limits are in place when contesting a Will, a family provision claim must be made within 12 months of the Testator’s death. Alternatively, you may wish to challenge a Will so that it is declared invalid which occurs when the Testator did not have testamentary capacity (i.e. mental capacity) to understand what they were doing when they made their Will, where the Will was created under the undue influence of another or where a Will has been forged. If you wish to contest or challenge a Will, contact us today to book a consultation.