Wills and Probate
Did you know that making a Will is one of the most important things you can do to secure your legacy? Wills and Probate law in Australia governs the division of an individual’s estate following their death or incapacitation and is an important aspect of managing your affairs. While the process of creating a will requires careful consideration of your possessions, family dynamics, and personal values, it can provide peace of mind to know that you have taken the necessary steps to ensure that your estate is managed in accordance with your wishes.
At Bentleys Barristers & Solicitors, our experienced Wills and Probate lawyers Melbourne provide expert advice and guidance for those seeking assistance with the creation of a will and administering an estate. Our attorneys understand that navigating the complexities of Wills and Probate law can be difficult, so we take extra care to ensure that every step of the process is handled with precision and sensitivity.
With our extensive knowledge in this area, Bentleys Barristers & Solicitors are one of the best wills, probate, and estate lawyers in Melbourne. At our firm, we specialize in the drafting of Wills, Medical and Financial Powers of Attorney (both Specific and Enduring), as well as provide guidance with regard to the administration of deceased estates. We can assist you with obtaining a Grant of Probate, if needed, right through to the final distribution that either follows a Will or complies with relevant regulations. Contact us to arrange an obligation-free consultation with our Wills and Estates lawyers Melbourne so that you can take the necessary steps to protect your legacy today.
Areas of Practice Relating to Wills & Probate That We Cover
Wills and Estate Planning (Including Enduring Powers of Attorney)
When it comes to estate planning, it is important to ensure that your assets are distributed in accordance with your wishes. Our Wills and Estates lawyers Melbourne can assist you with tailoring a Will to your specific needs, as well as provide advice on Enduring Powers of Attorney and Guardianship. Enduring Powers of Attorney refers to the appointment of someone to manage your affairs in the event that you become incapacitated, while Guardianship applies if you have any minor children or dependents that require care.
Grants of Probate and Letters of Administration
In the event that a deceased estate requires legal administration, Bentleys Barristers & Solicitors can assist with obtaining Grants of Probate or Letters of Administration. These two documents provide evidence of a person’s authority to deal with an estate and need to be applied for in the Supreme Court of Victoria. Our Wills and Estates lawyers Melbourne will take the necessary steps to ensure that all paperwork is accurate so that the estate can be distributed in accordance with the wishes of the deceased.
Contested Wills and Estate Matters
A will may be contested if there is evidence that the document does not accurately reflect the wishes of the deceased or if their mental capacity to make a will is called into question. Bentleys Barristers & Solicitors can provide expert advice and guidance in the case of a disputed will or estate matters, offering experienced representation for those seeking a positive outcome.
Helping Executors and Administrators To Administer Deceased Estates
Administrating a deceased estate requires knowledge of the relevant laws and regulations, as well as attention to detail. Our Wills and Estates lawyers in Melbourne are capable of providing support and advice for executors and administrators, as well as step in to assist if the need arises. We offer guidance throughout the process so that deceased estates can be administered successfully and in accordance with the wishes of the deceased.
Guardianship and Administration Applications for Incapacitated Persons
When a person becomes incapacitated, the Victorian Civil and Administrative Tribunal (VCAT) needs to be informed. Our Melbourne Wills and Estates lawyers can assist with guardianship and administration applications, which are required if the person requires help managing their finances and/or making decisions regarding their healthcare. We can provide advice and support throughout the process, ensuring that all applications are accurate and compliant.
Digital Asset Management
With the increased use of digital assets such as email accounts, social media, and cryptocurrency, it is important to consider how these items should be managed as part of an estate plan. Our Wills and Estates lawyers Melbourne can provide advice on the management of digital assets, including how to ensure that these items remain secure and are passed on in accordance with a person’s wishes.
The Dangers of Not Having a Will - What Happens if You Die Without One?
If you pass away without a will, it is known as dying intestate. Intestacy laws then come into play and decide for you who your beneficiaries should be according to the formula based on your relatives and dependants. This guarantees that all of your assets are properly disbursed in accordance with what would have been decided by yourself had there been a valid Will present.
Failure to draft a Will can be severely detrimental, as it:
May cause your estate to not be split according to your wishes
Deny dependants the financial aid you wanted them to have and force them into inheriting at 18 instead of an age that you find appropriate, such as 25
Exclude stepchildren, beloved family members or friends, and chosen charities
Lead to someone with whom you disagree administering all of your assets
Incur additional costs for the family and delay distribution of assets
Leave your estate open to contest and challenge
Disputes & Litigation of Wills and Estates
A will may be contested or challenged due to various causes, such as:
Errors in the execution of the will
Insufficient provisions for a spouse, children, and other dependents
Omission of an entitled person from receiving any benefits
Potential invalidity arising from different reasons
Ambiguous language within the document
Suspicion of undue influence
When a dispute arises, it is necessary to have legal representation as soon as possible. Bentleys Barristers & Solicitors provide experienced and knowledgeable representation in the event of a dispute or litigation, helping you to reach a successful outcome. We have years of experience in resolving will disputes and can provide the advice and guidance you need to ensure that your rights are protected.
Secure Your Legacy with the Best Wills, Probate and Estates Lawyers in Melbourne
Ensure that your wishes are met and that your estate is administered according to your desires. Contact Bentleys Barristers & Solicitors for exceptional expertise, knowledge and advice on all things related to wills, probate and estates in Melbourne. Our experienced team can provide the guidance you need to make sure that everything is taken care of.