Wills, Estates & Powers of Attorney

Wills

As the saying goes, there are only two things in life you can be certain of – death and taxes.

The reality is everyone who is eighteen years of age or older SHOULD make a Will regardless of how much money you have or how many assets you own.

When we are young we don't think of these things and more times than not, it doesn't occur to us again until it's too late. If you do not have a Will, the laws of intestacy decide who will get your assets and we believe that's a decision only you should make.

rb lawyers will prepare your Will consistent with your wishes. We can also advise you of the ramifications of different decisions you may wish to make in regards to your Will. Don't leave it too late to decide how you want your assets distributed.

The loss of legal capacity can happen to any of us at any time. Whether gradual or sudden, as a result of an accident, injury, illness or some form of trauma. We simply cannot predict when we may be vulnerable and ultimately our interests at risk.

If you lose your ability to make decisions on your own affairs and do not have an EPA, your interests may then be handled by a government department, possibly for a fee and not necessarily the way you would have like them handled.

To safeguard our interests and protect our assets and ensure they are being managed by someone you trust, then you must have an Enduring Power of Attorney (EPA), which will authorise for that trusted person to make decisions about your FINANCIAL and PROPERTY matters.

You may choose your Attorney to appoint under an EPA. You may also choose when they assume power. Equally an EPA can be revoked at any time, provided only that you are of sound mind at the time you revoke it.

Like your Will, an EPA is also as essential as insurance. It keeps you in the drivers seat for control of your assets.

rb lawyers is experienced in applications for Grants of Probate or Grants of Letters of Administration.

Often if the value of an estate is over $20,000 it will be necessary for the Executor of a will to apply to the Supreme Court for what is known as a Grant of Probate. In the event that the deceased died intestate (without a Will) it may be necessary to apply for what is known as Letters of Administration or a Grant of Administration.

This can be an area of pitfalls and complications if you don't know the procedure and ramifications of your actions. It is always best to sort legal advice and assistance.

In the event you find you are an Executor of a Will and need assistance or advice of your obligations, contact us for a consultation.

Dependancy Claims

We are also experienced in bringing and resisting claims by family members of a deceased, who believe they have been inadequately provided for in the will.

We fight tooth and nail to preserve your rights!