A will can be one of the most important documents you put in place during your lifetime. A will, not only ensures that your intentions are carried out, but ensures that your family and friends don’t experience the additional stresses and costs of administering your estate without a will.
At Trinity Law we can provide you with considered and clear advice in relation to your will and the bigger picture of your estate planning needs so that you can be confident that your assets will be passed on to the intended beneficiaries.
Powers of Attorney
A power of attorney is a legal document by which you can appoint another person or people to make decisions on your behalf as your attorney/s in a range of circumstances. It is important for you to consider the type and scope of your power of attorney whilst you have the legal capacity to do so.
At Trinity Law, we can provide you with advice regarding the different types of power of attorney documents and how they operate, and the legal responsibilities your attorney/s take on by accepting the role. We can assist you to consider your individual financial, health and lifestyle requirements and who is best suited to meet those requirements as your attorney.
If you have been nominated as an executor in a will, or are a potential administrator in circumstances where the deceased person didn’t have a will, broadly speaking, the job involves:
Ascertaining the extent of the assets and liabilities of the deceased person;
In most cases, obtaining an Order of the Court authorising you to deal with those assets and distribute the estate; and
Collecting the estate assets, paying the liabilities and debts of the estate of the deceased person, and distributing the remaining assets in accordance with the will or the laws of the State or Territory if there is no will.
During this distressing time in your life, the added role of being the executor or administrator can be challenging, time consuming, and overwhelming. We can help you.
Our services are broken down into two key areas:
Obtaining the Orders from the Supreme Court – it may be a Grant of Probate (if there is a Will), Letters of Administration (if there is no Will) or a Reseal of Foreign Grant if there are assets in other States or Territories.
Administering the Estate – depending on your needs we can provide you with advice and support as you require it, or we can assist you by managing the estate administration process.
You can engage our services to guide you through one or both of these key areas.
Wills and Estate Disputes
Disputes can arise about the validity of the will, whether a person has been adequately provided for in a will, or the administration of the estate. We provide representatives of the estate and potential claimants with advice and representation in relation to:
Family provisions claims
The capacity of the willmaker
Concerns about the conduct of the executor, including breaches of executor duties and removal of executors.