Services

As a Wills and Estates Lawyer my aim is to assist clients prepare for their future.

Wills

Your will sets out how your property will be distributed when you die. The primary purpose of a Will is to ensure that the right person gets the right property and that there is no dispute. If you do not have a will then the law decides how your property will be distributed. This may be entirely different to what you would want.

Estate Planning

A will is often only one part of an estate plan. an estate plan takes into consideration other assets that are unable to be dealt with in a will.

Estate Administration

Estate administration is the process of actually putting a will into effect. Estate administration includes obtaining a grant of probate, finding and calling in assets, transferring or selling assets, paying debts and making sure everything is finalised.

Wills

If you have a will, the distribution of your estate is governed by the terms of your will. If you do not have a will, the distribution of your estate is governed by the rules of intestacy.

Creating a Will

Estate Planning

 

Probate

The death of a loved one is a traumatic and difficult enough time without also having to navigate the legal system. I have gained a detailed understanding of the process and I can ensure everything is done in respect to the legal side of the process to ensure that you do not need to worry about it

I understand that the probate process is sometimes complex and archaic although in the last 12 months doing everything on-line does make it a little easier. I utilize my knowledge, experience, to make it as easy as possible for you to get through the formal processes so you do not need to worry about things.

Ie do not stop once probate is granted. I utilize my knowledge and experience to ensure that once probate is granted I can assist you further. I will more than likely request you to sign all the documents that need to be signed so that I can complete the administration of the estate in a smooth and practical way. As soon as probate is granted, it will be possible to act to finalize the administration of the estate in a timely manner.

Letters of Administration

I understand that dealing with the loss of a loved one is an extremely traumatic and difficult time. It is worse when the loved one who has died does not leave a Will or there are problems with the Will.

As well as assisting prepare an application for a grant of probate (where a person has died having made a will) I am also able to assist in obtaining complex grants of representation (such as obtaining a letters of administration) and administering an estate where there is no will.

When someone dies with a Will in place they are said to have die ‘testate’ and the executor gets a Grant of Probate. When someone dies without a Will they are said to have died ‘intestate’ and the person and one of the beneficiaries is required to obtain letters of administration to become the administrator of the estate.

Under these circumstances, the distribution of an estate can be complex and difficult to understand.

Trusts

A trust is a legal relationship between a trustee who looks after or administers the trust, and a beneficiary, the person who benefits from the trust. The nature of a trust is a legal obligation on the trustee to look after the trust property, and invest it and use it wisely and carefully for the benefit of the beneficiary. The beneficiary has the right to receive benefits from the trust as required by the terms of the trust, and some rights to information about the trust and how the trustee is operating it.

The terms of the sort of trust being discussed here would usually be set out in a document such as a trust deed or a will.

A trust deed may be simple or complex depending on what is needed. It is a legal document which sets out:

1. 1. Who is to be a trustee.

1. 1. The person or people who are to be the beneficiaries.

1. 1. When and how the trustee is to provide benefits to the beneficiary.

1. 1. What things the trustee is to take into account.

1. 1. What other powers and duties the trustee has.

The person who sets up a trust by a deed is usually called the settlor. For tax reasons, the settlor is often an unrelated party or a more distant family member who will not be a beneficiary and who has nothing else to do with the trust. If the trust is set up under a will, the settlor is known as the testator.

In trusts for the benefit of a person with a severe disability, that person may be called the principal beneficiary. Other beneficiaries, who are entitled to share what is left after the person with a severe disability has died or no longer needs help from the trust, are called the residuary beneficiaries.

A trust deed may also name an appointor, a person who is separate from the trustee and who can appoint new trustees or beneficiaries, or make changes to the terms of the trust, and who therefore often has significant control over the trust. The appointor will often be a parent or other close relative of the person with a severe disability, who has contributed property to the trust.

The property contributed to the trust is often called the capital and the trust earns income on that capital: rent on real estate, interest on money in the bank, dividends on shares, and so on.

A discretionary trust gives the trustee the power to decide to whom to pay a benefit out of a range of people, and how much to give to them, if anything. The trustee must consider all beneficiaries but is under no obligation to distribute to all beneficiaries.

A testamentary trust means any trust set up under a will. However, people often use this term to refer more specifically to particular types of trusts under wills which may have tax planning advantages.

The person making a will is called the testator (this covers men and women although a woman making a will may be referred to as the testatrix). A will appoints an executor (sometimes said to be an executrix if a woman), or a number of executors, to administer the estate after the testator dies. If the will creates a trust, it will also appoint a trustee, who may be the same person as the executor, or may be different.

The property owned by the testator at the time of death is the testator’s estate. The people who share in the estate under the will are called the beneficiaries.

Trusts can be a useful and tax-effective way to administer your assets. No matter how simple or complex your needs, you can trust us to provide excellent advice and guidance every step of the way.

Testamentary Trusts

A testamentary trust is a trust established through a Will. A testamentary trust will creates a structure that can be incorporated into your Will to give your beneficiaries tax and asset protection benefits in addition their inheritance from you.

Your beneficiary will also receive a degree of asset protection because after your death they will not inherit the money or assets directly but rather through the testamentary trust structure.