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Wills and Estates Lawyers

Estate Lawyers in New South Wales, Queensland and South Australia

Turner Freeman Lawyers understand the stressors of dealing with such personal and emotional matters which come at often a difficult time.

We offer a comprehensive, cost-effective and sensitive approach to Estate Planning, Estate Administration and Estate Litigation. Our Wills & Estate Lawyers can help ensure you and your loved ones have a peace of mind whether you are preparing a Will or disputing an unfair Will.

Why You Need a Wills and Estates lawyer Before Passing Away

Drafting a Will isn’t the only thing you should consider before passing away, there may be other factors that can impact significant decisions about your life. Our Wills & Estates Lawyers can help you have a peace of mind so you can focus on the important things in life.

To ensure your estate is given to people you care about when you die, prepare a legal will.

Our Wills & Estate services

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.

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.

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Testamentary Trusts

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.

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Enduring Guardian

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.

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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.

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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.

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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.

If you have been appointed as an executor of a Will or believe you have been treated unfairly in Will, our lawyers can help you.

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.

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Estate Administration

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.

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Probate Administration

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.

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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.

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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.

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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.

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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:

98% of will disputes we manage are settled out of court

Meet our Wills & Estates lawyers

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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.

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