Wills and Estates
Better protection for your loved ones with an Accredited Wills and Estates Specialist Lawyer
A will is a legal document which specifies how you want your assets to be distributed in the event of your passing. Planning and preparing your will can help your loved ones avoid financial and legal stress during a time of grief and loss.
Led by Debra Davis, our Law Institute Victoria (LIV) Accredited Wills and Estates Specialist Lawyer, we can help you ensure nothing is left to chance and that your family is protected from unnecessary financial and legal issues.
Being LIV Accredited means that we are experts in the area of Wills and Estate Planning. We can assist with:
- Simple or complex wills to deal with your financial estate
- Testamentary trusts for tax effectiveness
- Personal and business succession planning
- Superannuation succession planning
- Asset protection strategies
We can also draft Enduring Financial, Medical and Guardianship Powers of Attorney to help you with the current management of your affairs and to provide for your financial and life planning should you become incapable.
Probate and Estate Administration
Estate administration is the process of dealing with the assets and liabilities of a deceased person according to their will or the law of there is no will. At the time of your passing, all your assets will be known as an estate. When you make a will, you appoint an executor who will be the one responsible for carrying out your wishes as recorded in the will.
Before the will is put into effect, a grant of probate is, in most cases, required to be obtained from the Registrar of Probates in the Supreme Court. A grant of probate is a court order confirming the validity of the will. In cases when there is no will, or there is a will but an executor has not been appointed, an application for letters of administration must be made to the Registrar of Probates in the Supreme Court.
Our Wills and Estates Specialist Lawyer can help you obtain the grant probate or letters of administration. Afterwards, we can then help the executor in the realisation of the assets of the estate and its distribution to the beneficiaries in a simple, efficient, and cost-effective manner.
Disputes & Litigation
A will can be contested or challenged for the following reasons:
- The will was incorrectly executed or tampered with
- Insufficient provision has been made in the will for a spouse, children or other dependents
- A person has been left out of the will
- The will is potentially invalid, for a range of reasons
- The will is ambiguous
Debra Davis is a skilled Litigator with 15+ years’ experience providing you with an experienced legal team to assist in all matters of disputes and estate litigation. This includes lodging or defending claims against the estate by family members or other dependent persons. In many cases, disputes and claims are settled through mediation, prior to trial. Mediation normally takes place early in the process to keep costs to a minimum.
Discuss your wills and estates matter with us. Call Davis Lawyers on (03) 9600 1800 for a FREE consultation. No obligations. No risk. Our Specialist Lawyers can advise you and provide a clear course of action.
Draw on our experience and expertise to ensure your personal interests are protected.