Wills and Estates Lawyers
Drafting a Will
Our Wills lawyers can help you prepare a legal Will to ensure your loved ones and beneficiaries are provided for as you wish. Drafting a Will can seem complicated but our experienced team of Wills solicitors can help you answer any questions you may need answering.
A testamentary trust is a trust established by a person’s Will and only comes into effect until after that person dies. A testamentary trust is often used for tax benefits, sustaining generational wealth, allowing assets to be transferred if the beneficiary dies and protecting ‘at-risk’ beneficiaries.
An Enduring Guardian makes health and lifestyle decisions for you if you have lost the capacity to make those decisions for yourself. These decisions may include consenting to medical or dental treatment and deciding where you live.
Our Wills & Estates Lawyers can assist you in appointing an Enduring Guardian and ensuring all the legal checklists are met.
Powers of Attorney
Powers of attorney are formal legal documents that give someone else the power to make decisions for you on your behalf.
Our Wills & Estates Lawyers can ensure someone you trust can act on your behalf if you lose the capacity to do so. Without a power of attorney, a Government department can assume this role and make decisions on your financial and legal affairs.
Advance Health/ Care Directives
Advance Health/ Care Directives is a document that allows you to give directions as to your future health care that will take effect after you lose capacity to make the decisions yourself.
Depending on which state or territory you live in Australia, the names of these documents can change.
- In Queensland and Western Australia, this document is called an Advance Health Directive.
- In New South Wales and South Australia, this document is called an Advance Care Directive.
“After walking out after our first meeting we both felt that we could trust you and that you were smart and on the ball, we have never felt like that with any solicitors that we have dealt with.”
Your leading Wills and Estates Litigation Experts
Our Wills & Estates solicitors have the knowledge and expertise to prepare your Estate Planning document whether it is making a Will, powers of attorney, applying for Grant of Probate, Advance Health directives and Trusts in accordance with your wishes and explain the legal implications of you wishes without the legal mumbo jumbo.
Our dedicated and experienced Wills & Estates solicitors are also active members of the Society of Trust and Estate Practitioners.
Turner Freeman Lawyers are committed to providing professional and practical advice.
Our Wills & Estates lawyers can assist you when claiming further provision from a Will
Our Wills & Estates Lawyers are experienced in dealing with a range of Wills litigation. Claiming further provision from a Will can sometimes be stressful and the outcome is sometimes not what you expected.
Contesting a Will
If you have been unfairly left out of a Will or left with an unfair share, we can help you dispute, contest or challenge the Will to ensure you receive all that you deserve. We understand the process can be timely and can have an emotional toll on you and our Wills & Estates lawyers will guide you through every step of the process.
We can help you by ensuring your loved one’s estate matters are handled quickly and efficiently during a difficult time by assisting the executor of the Will. The administration of a deceased estate can be an overwhelming and time-consuming process, which can come at a very difficult time for the Executor, who is often a grieving relative.
When a person passes away, the executor or administrator of the estate is often required to obtain what is known as a grant of probate or letters of administration. This is a formal process of proving the Will and making sure the executor of administrator is willing and able to take on their role.
No Will – Intestacy
If your loved one passes away without a Will, they are deemed to have passed away ‘intestate.’ Their estate is then distributed in accordance with the laws of intestacy in force at the date of your loved one’s death. Our Wills & Estates Lawyers can help you prove you are entitled to the Estate.
Life Insurance/ Death Benefits
If you are contesting a Will, part of that process might also include to challenge a superannuation payout if part of an insurance policy of the person who passed away.
When a loved one passes away, the hardship following their death is often compounded f they were a source of income for their dependents. All Super Funds in Australia offer benefits in the event of a loved one’s death.
Defending a Will
If you have been named the executor of a Will, you have certain responsibilities, including defending any challenges made to the Will. You should be aware of the different types of challenges that can be made for a Will, including challenges to the validity of the Will, and Family Provision Orders.
“I knew it was going to be difficult and it proved to be so, however I was lucky enough to have your sage advice each step of the way.”
Our Wills and Estates Services in Australia
Our dedicated team of wills and estates experts can assist you in all forms of wills and estate litigation from preparing a will to challenging a Will. Choose from any of the areas you need help with below.
Contact a Wills and Estates Lawyer today
Turner Freeman Lawyers have wills and estate lawyers across Australia. Our leading Wills & Estate Lawyers can be found in:
Western Australia – Perth.
Frequently Asked Questions about Wills and Estates
Do I need an attorney or lawyer for a will?
No, you don’t need a Wills lawyer when preparing a Will, however it is strongly recommended that you have one to avoid some common mistakes such as:
- Not signing it correctly
- Not getting a witness correctly
- Attempting to plan distribution on estates and assets they do not own.
A Will is legal document so without proper advice and guidance, your Will could be disregarded.
What do I need to bring to an attorney for a will?
Before seeing your Wills and Estates Lawyer, you should prepare the following
- Proof of identification – Concessions Card and one other form of ID (Driver’s Licence, Passport or Proof of Age Card)
- All your assets and their worth
- All your existing debts
A list of the people and their details you wish to have as your beneficiaries. Note down their full legal name, address and date of birth.
How long does it take for a Will to settle?
You can expect a Will to be settled between 9-12 months after the deceased’s date of death. Some states in Australia have a different process variables that can affect the duration of probate and distribution of assets. Contact your local Wills & Estates Lawyer here.
Can I contest a Will?
If you believe you are entitled to more or been left out of Will, you can contest a Will. Our experienced Wills & Estates Lawyers can help you get what you deserve.
I very much appreciate your time, effort and valuable guidance over the past four years. You have made this matter understandable and supportable and I am eternally grateful.
D M, St Andrews (NSW)
When I first began looking for a Solicitor to handle this case for me I went to your office in Ipswich and found the lady at the front desk very caring and understanding when I told her my situation and she told me that they would be able to help me. From my first call to Natalie she made me feel confident of a good outcome for me. Over the next 15 months I got to speak to Stephanie and Jenna. It was a very stressful time for me and my family. Although it got very personal I was able to perceive until settlement. The work of these 3 ladies is commendable. I would recommend your company to anyone who needs a Solicitor.
F K, Ipswich
At a difficult time in my life, I received professional, empathetic services, and through their diligent representation and negotiation they achieved for me a satisfactory outcome. They almost made me feel like a friend. I have no hesitation in recommending them.
G Mc, Ipswich
Jenna, I would just personally like to thank you for everything you have done for Lisa throughout this entire ordeal. You have been a pleasure to deal with, patient, understanding and always so very professional. You are a credit to your company. My appreciation is understated thank you again for looking after my girl.
J T, Logan
I cannot thank you enough Jenna for all the hard work you and your team have done on my behalf. You grasped everything so quickly and your efforts are greatly appreciated. I knew it was going to be difficult and it proved to be so, however I was lucky enough to have your sage advice each step of the way.
K C, Roseville (NSW)
The whole process with you was perfect, you understood my concerns and took the time to really look into her case. You treated Vic with real compassion and understanding. After walking out after our first meeting we both felt that we could trust you and that you were smart and on the ball, we have never felt like that with any solicitors that we have dealt with.
M S, Brisbane
Thank you Jenna for everything you have done for me in a relatively short period and for the spectacular result you achieved for me. I am happy that I found you after being sucked in with another firm on a no win, no fee and getting nowhere with my previous solicitor who would not even return my calls. I am so glad that I found you 6 days from my deadline of putting my family provision application into the courts.
What you achieved without mediation and without court action is amazing. From receiving nothing to half of my father’s estate will simply change my life and my family’s forever. I thank you for accepting such a hard and complex case and appreciate it more than you ever know that you fought hard at exposing things as they were. I will remember what you did for me forever with the greatest of gratitude and thank you for also listening to my rants and being my advisor, friend and getting the job done quickly. You are a remarkable lady, a great solicitor with so much knowledge and the most important true to your word and trustworthy. I also want to say a big thank you to Bec for all her help.
R B, Brisbane
It has been a very difficult time for me, but your attention to detail, your prompt responses and returning of calls have made a real difference.
We love that you are professional yet personable and that you’ve been reliable and informative every step of the way.
I think this case turned out a lot more involved than any of us thought it would. I’m so glad we had you & Jeff in our corner. Jeff Otto was a perfect choice. Please extend our sincere thanks to Jeff for all his help. Thanks again for being so fantastic.
T H, Ipswich