If you are in Niddrie and need a will, then contacting our specialised team can be the first step to getting your estate planning underway. We can help you to navigate the complexities of Victorian estate laws and ensure that your will is tailored to your unique needs.
We are regularly engaged by executors of estates to provide probate and estate administration services in Niddrie and across Victoria. Our team ensures the efficient and accurate distribution of assets, offering clients peace of mind during challenging times.
Our lawyers offer dedicated services for drafting Powers of Attorney in Niddrie and across Victoria, providing individuals with tailored legal guidance to navigate the complexities of appointing trusted representatives and safeguard their interests.
Choose the flexibility that suits you best. Whether you prefer the traditional approach or the convenience of remote/online services, our experienced team is here to optimise the management of your estate matter. For those clients that prefer, most of our services are available online.
Whether you're navigating the metropolitan areas or seeking support in regional locations, our expert estates team stands prepared to deliver a comprehensive and reliable estate planning and administration services across the entire state of Victoria, ensuring personalised guidance at every step .
We are committed to providing you with a straightforward and efficient experience, ensuring a hassle-free journey through the complexities of wills and estate laws. We aim to make the entire process transparent, ensuring you feel confident and supported every step of the way.
Our clients benefit from the wealth of knowledge and expertise our team brings to the table for their wills and estates matters. Our skilled lawyers are always committed to delivering precision and proficiency, ensuring your legal matters are handled with the utmost care, diligence and sensitivity.
Whether you have been appointed as an executor of a deceased estate in Niddrie or across Victoria, or require a will or power of attorney to be drafted, our team of estate lawyers can lend their expertise to facilitate and guide you through the legal process. Our commitment is to provide comprehensive support and ensure a smooth and successful process tailored to your specific needs. Below are some of the top reasons why our clients retain an estates lawyer.
An estates lawyer possesses in-depth knowledge of intricate estate laws, ensuring your assets are distributed according to your wishes while navigating legal complexities. If you have been appointed as an executor of a will in Niddrie or anywhere in Victoria, an estate lawyer can assist you with applying for probate and ensuring that you fulfil your obligations and duties as executor.
Professional guidance minimises the risk of errors in drafting wills, probate documents, and other estate-related paperwork, preventing delays and potential disputes.
An estates lawyer tailors strategies to your unique circumstances, providing personalised solutions that consider your family dynamics, financial situation, and specific legal requirements. This advice could prevent disputes from arising over your estate and ensue that your final wishes are carried out.
From efficiently managing the probate process to handling estate administration, a lawyer streamlines the legal procedures, saving time and alleviating the burden on family members during difficult times.
Should disputes arise, an estates lawyer brings valuable experience in resolving conflicts, whether through negotiation, mediation, or litigation, ensuring that outcomes are in accordance with the law.
By retaining an estate lawyer, you gain peace of mind knowing that legal professionals are overseeing your estate matter. This can reduce stress and uncertainty, allowing you the peace of mind to know that that your legal matters are in capable hands.
The following are some of the most frequently asked questions our office receives about probate and letters of administration in Niddrie and across Victoria:
To obtain a grant of probate or letters of administration, you will need to make an application to the Supreme Court of Victoria. The Court requires that you lodge the following documents:
Sometimes, the Court will require further documentation to be filed. For example, if the will has been executed with different pens, the Court can request an affidavit of due execution to be filed. We can help you prepare these documents. Once the Court is satisfied with the application, it will issue the executor a formal grant of probate or letters of administration document.
The primary role of the executor is to fulfil the wishes of a will or follow the Victorian law that governs what happens to the estate of someone who has died “intestate” (without a valid will). This will involve:
An executor can refuse their appointment if they do not believe they can fulfil this role.
An executor or administrator an estate has fiduciary obligations towards the estate. This means that they are required look out for the beneficiaries' best interests and behave in their best interest at all times. Timely administration and distribution of the estate is the responsibility of the executor, who must factor in all relevant matters that may emerge. The executor should be careful to ensure that they have complied with their duties to the estate and obtained appropriate legal advice and taxation advice. If an executor breaches their duties, they could be personally liable for their actions to the estate. It is important for executors to act diligently and carefully in fulfilling their duties to avoid such consequences. Getting the right legal advice can be critical in protecting the executor and the estate.
The costs of legal fees are payable by the estate so the executor or administrator should not be out of pocket for these expenses.
The following are some of the most frequently asked questions our office receives about wills in Niddrie and across Victoria:
The first step is to make a time with one of our lawyers for an appointment. During your consultation, we will discuss your estate planning matters including taking details of your assets and liabilities, trust structures, superannuation, family structure and any risks of a challenge to your Will. We will also consider whether you need a Power of Attorney or Medical Treatment Decision Maker document. Based on your instructions, our legal team will draft your will (and any other required documents). We usually email you a draft copy for your review. Upon finalisation, your Will is ready for signing.
An executor is a person given the responsibility to deal with the assets and liabilities left behind by the deceased. This person is often chosen by the deceased in their will. In Victoria, the only requirement for being an executor is that you are over the age of 18. Beneficiaries may also be executors, and you are not obligated to be the executor of a will, even if you have been named. In such a case, however, you will need to make formal arrangements so that a new executor may take your place.
Yes, a solicitor can act your the executor of your will. Our lawyers accept appointments to act as executor in your will, if you prefer to have a solicitor undertake this role.
When we take your instructions, our lawyers will advise you of a time estimate. From time to time we are called on to make urgent wills and we do our best to facilitate this service. We are able to make offsite visits to hospitals and other such facilities on a case by case basis.
For your will to be valid, it must be signed and witnessed. We can either provide you with comprehensive instructions on how to sign the will or witness you signing it (in person or online). We offer complimentary storage of your signed original will.
A will is generally challenged through an application to the court and litigious proceeds. The first step in contesting a will is to obtain legal advice. Not everyone is entitled to file a claim, and a lawyer can advise you on your options. Such claims must be acted on immediately as an eligible person will have 6 months from the date of the grant of probate to challenge the will.
The following are some of the most frequently asked questions our office receives about powers of attorney in Niddrie and across Victoria:
A power of attorney is different to a will and unlike a will , a power of attorney ceases to have effect if the principal passes away. A will is a document that is used to distribute the estate of a person once they have passed away whereas a Power of Attorney allows a Principal to give certain decision making powers to another person.
Section 26 of the Powers of Attorney Act 2014 limits the matters for which Enduring Powers of Attorney can be given. Some of the restrictions created under this section of the Act include a prohibition on a principal from authorising an attorney to:
A Principal can make any restrictions it choses in the Power of Attorney document and should carefully consider what powers it authorises an attorney to do. For example, some powers of attorney instruments will prohibit the Attorney from dealling real estate interests of the principal.
Under section 4(1) of the Powers of Attorney Act 2014, a person has the capacity to make a decision if they are able to:
An attorney who has been appointed under an Enduring Power of Attorney must act in accordance with the law and perform their duties, as provided under Section 63 of the Powers of Attorney Act 2014. The duties provide that an attorney:
Section 28 of the Powers of Attorney Act 2014 provides who is eligible to be appointed as an attorney. A person is eligible to be appointed attorney if they:
You should give careful consideration to who you are appointing as your attorney. It is an important decision and one which should not be taken lightly. We always recommend that you should only appoint someone that you trust as your attorney. This is because of the wide ranging powers that an appointment of an attorney can provide.
Upon receiving your online query or email, you will be contacted by one of our estate lawyers.
Suite 8B, 80 Keilor Road, Essendon North Victoria 3041, Australia
Melbourne Office: Exchange Tower, Level 1, 530 Little Collins St, Melbourne Victoria 3000, Australia All mail: PO Box 306, Essendon North VICTORIA 3041, Australia E: info@peralawyers.com.au P: (03) 9939 3556 M: 0434 506 596 (Sam Ozturk | Lawyer)
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