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Plan for Your Family
McVittie Legal can help you plan the future of your family with a will that divides your assets and estates. We offer one of the easiest ways to obtain a will in the Northern Rivers area. Our expert team of solicitors can help you with:
- Drafting & updating wills
- Applying for probate or letters of administration
- Family provision claims
- Estate planning administration
- Assistance with the Family Provision Act 1982
All solicitor proceeds from drafting or updating wills during the week will be donated to support the Westpac Life Saver Rescue Helicopter service.
Why have a Will?
Many people believe that a will is only necessary for those who are very wealthy or have complicated assets. But a will is beneficial for everyone as it guarantees that your estate will be distributed the way you want it to. If you do not make a legal will, your estate will be divided by the government according to a fixed formula.
You can choose to decide how to divide your estate between family and friends, who to appoint to administer your estate and your preference for guardianship of your children. A will can prevent complicated financial matters and provide those you care for with your assets. It is important to review your will whenever your family or relationships change.
It’s important to know that whilst you can create your own will, if the court deems it invalid your estate will be divided as per the law in your state. When it comes to your superannuation or any insurance, you must nominate a beneficiary with your fund. Our experienced solicitors at McVittie Legal will help draw up a legally binding will to ensure your wishes are protected.
Enduring Guardian
In addition to a will, we can also assist in appointing a power of attorney for you who will make financial or health related decisions if you are no longer able to. These decisions can include lifestyle decisions, and how your assets and properties are looked after.
An executor is the legal individual who is responsible for carrying out the terms of your will. They will manage and distribute the estate with the assistance of the solicitor, make funeral arrangements, ensure your debts are paid, close all bank accounts and collect any life insurance.
Before the will can be executed, the executor must apply for a grant of probate that will deem your will valid. Make sure your executor has a good understanding of their duties, and they are familiar with your family to avoid future disputes.
All challenges to the will must be raised to the court within 12 months of the date of death. Only those who are considered to be “eligible persons” to the deceased can challenge the will, and they must demonstrate they are suffering from hardship as a result of inadequate provision. At McVittie Legal, we can help you achieve the best possible solution for you through either litigation or non-litigation methods.
Wills & Estate Litigation
The grant of probate means the will is recognised as legally valid, and provides the executor of the will permission to begin dividing the assets. You may seek to challenge a will if you believe:
- The net value of property owned by both parties
- The deceased did not have soundness of mind, memory & understanding to make a will
- The deceased lacked knowledge & approval of the will
- The will was forged, made under undue pressure or is a fraud
- The will is not executed in accordance with the Succession Act 2006
- The deceased had revoked the will in their lifetime
It is recommended for any application to challenge a will be made before probate is granted. If you believe you have not received adequate provision and will suffer from hardship as a result, you must challenge the will within 12 months of the date of death. Only an “eligible person” can do so, and this includes the partner of the deceased (marriage or de facto), child, grandchild, former partners or a person who was dependent on or had a close personal relationship with the deceased. The team at McVittie Legal can help you organise the relevant evidence needed to demonstrate to the court that you are in financial need, or any other special reason that justifies your need for provision.
We understand that any legal matter related to family law is stressful and complicated. Taking the first step to contact a family lawyer can be intimidating, but you must arm yourself with the relevant knowledge going forward. McVittie Legal is here to navigate you through the difficult process of family law litigation. Call us today to discuss how we can help you.
