Wills, Probate and Estate Disputes
CK Lawyers’ expert legal team are well placed to assist you with all estate planning work including succession planning, Wills drafting, powers of attorney, enduring guardianship, Advanced Care Directives, and family provision claims.
Probate in NSW
Let CK Lawyers assist you with sensitive Probate matters professionally and compassionately. An approved Grant of Probate properly identifies the executor, confirms the author of the Will has died, that the Will is authentic, and that management of the deceased’s assets can be transferred to the executor. CK Lawyers can navigate the legal process that includes preparing original documents required for an application to the Court, publication, searches and enquiries and everything necessary to secure Probate.
Once Probate has been obtained, asset holders, such as banks, Department of Lands, Aged Care Facility, or Share Registry transfer the deceased’s assets into the executor’s name so that the executor can complete their duties. These duties include calling in the assets, paying liabilities and distributing the deceased’s estate to the beneficiaries named in the Will. We usually assist in executors and trustees in transferring real estate and other assets to the beneficiaries, gaining access to bank accounts and superannuation funds, and pursuing claims and receiving compensation on behalf of the deceased person.
“ KNOWLEDGE OF WHAT IS POSSIBLE IS THE BEGINNING OF HAPPINESS ”
Wills and estate planning
A legally binding Will gives you and your family peace of mind ensuring personal and business interests are distributed as you wish. If you don’t have a will, your assets will be divided according to the law of intestacy, so that someone who has lost your love can still benefit.
CK Lawyers’ legal team can assist you in properly drafting a Will that is incontestable.
An Estate Plan can cover financial support of family, retirement finances, and business arrangements. It also includes ensuring your estate’s assets go to who, and where, you want them to. CK Lawyers can assist with interstate and international Wills, that often include assets, property and finances located interstate and off-shore.
If you need to create a Will, these are some of the items to include:
- What property to include and who will inherit it.
- Who will execute the Will and handle your estate after your death
- Who will be a guardian for your children if they are under the age of 18.
- Who will manage your children’s inheritance – if you leave any financial or property inheritance to children under the age of 18, you should choose an adult to manage it.
- Who is to be excluded from your inheritance and why
Challenging a Will in NSW & Family Provision Claims
There are a number of ways to challenge a Will including that the deceased Will maker did not genuinely consent to the contents of the Will. CK Lawyers can help you if you wish to challenge a Will in appropriate cases, and that is if there are reasonable grounds to suspect that there is a problem with the Will. Did the deceased have the capacity to understand and sign the Will when he did.
We can also assist you in lodging a Family Provision claim if you feel that you were not adequately provided for in the Will. Because of CK Lawyers’ experience we can assist you to achieve the best results.
The law allows you to contest a Will depending on factors such as:
- Whether the situation is grossly unfair or not.
- Whether there are financial needs of “family members”.
- Whether there are dependents, who are financially dependent (partly or fully) upon the deceased.
- Whether the deceased had the mental capacity to understand what he/she was doing.
- Whether the Executor was disproportionately influenced by another person prior to the signing of the document and that it in fact did not reflect the deceased’s true wishes.