Wills & Estates
It was the famous American Politician, Benjamin Franklin, that is said to have coined the phrase: There are only two things in life that are certain: death and taxes. If your Will is not properly drafted, we believe there is a third certainty: Your loved ones will fight each other in court over your estate!
To avoid this scenario, it is imperative that you provide detailed instructions to a qualified Wills & Estates Lawyer who will be able to draft a valid Will in accordance with your wishes. At Distinction Legal, we understand that thinking about the future after your death is an unpleasant thought that most people would rather avoid. However, not preparing adequately for this eventual reality is likely to cost your estate a lot of money, which is money that should be going to meeting your wishes and legacy.
Have you considered any of the following in relation to your Will:
- Who will administer my estate when I am gone?
- Who do I want as beneficiaries in my Will?
- Can I leave a child of mine out the Will entirely?
- Can I prevent a child of mine from contesting my estate once I die?
- Should I mention whether I wish to be cremated or buried in my Will?
- How can I protect any children of mine if I pass before they are 18 years of age?
These are common questions that we encounter on a daily basis. Our lawyers are well versed in this area to be able to provide sound, common sense advice that is tailored to your unique situation.
Come in and make an appointment with one of our experienced estate lawyers to ensure that you receive a valid Will that conforms with all requirements of relevant legislation.
Probate
Did you know that as the executor or administrator of a deceased’s Will, you may not automatically be entitled to distribute the estate until you have the permission of the Supreme Court of South Australia? You will require either a Grant of Probate, letters of Administration (where the deceased died without a Will) or Letters of administration with the Will Annexed. This requires you to make what could be a complex application to the Supreme Court for permission to distribute the deceased’s estate.
At Distinction Legal, one of our lawyers will guide you seamlessly through administration of the estate at a reasonable cost. Our experience in this area means that we will successfully navigate you through this process to ensure that you get to administering the estate quicker and in accordance with your late loved ones wishes.
Have you been left out of the Will or not been adequately provided for?
If you have been left without adequate provision, then you must act fast. In South Australia, you only have 6 months to file an Inheritance Family Provision claim once a Grant of Probate or Letters of Administration is issued by the Supreme Court. Our lawyers are well versed in this area of law. We will advise you on where you stand in terms of a potential challenge and will file an application in the Supreme Court on your behalf if we cannot negotiate a fair and reasonable settlement of the estate before court action becomes necessary.
Contact one of our experienced estate lawyers today and ask about our No Win/No Fee options with respect to Family Inheritance claims.
