Mahons with Yuncken & Yuncken Lawyers are one of Melbourne's most experienced law firm for Wills, Probates & Estates services. We have extensive knowledge and experience in ensuring that your Will is properly prepared and your estate is distributed in the manner you desire.
Wills & Estate Planning
Planning ahead and ensuring that the people you care about are financially protected both before and after your death, is one of the most important things you can do for your loved ones. The process of considering how you want your assets to be distributed is usually referred to as “Estate Planning”. This is the preliminary process of anticipating and arranging the disposal of your estate. The final process of estate planning is creating a valid and legally enforceable will & power of attorney.
Proper estate planning eliminates uncertainties about the management of your assets while you are living, and the method of the disposal of your assets after your death. Mahons with Yuncken & Yuncken can assist you with proper advice regarding powers of attorney for use while you are living. We also provide the advice necessary for the disposal of your estate to minimise the impact on your beneficiaries and to maximise the benefits of the bequests conferred on them under the will.
Wills not drafted professionally run a serious risk of being deemed invalid as the law relating to inheritance is very rigid and strict in Australia. If you do not leave a will or the will is invalid, a number of problems can arise for those you leave behind. The rules relating to the disposal of assets where there is no will or a will is deemed invalid (intestacy) are complex, and the disposition of those assets may not comply with what you would necessarily want. Further, some person other than a family member may control the estate.
The Wills, Probates & Estate Team of Mahons with Yuncken & Yuncken Lawyers can help ensure that your estate will be properly dealt with by drafting a valid and enforceable will.
We also understand the sentimental & emotional issues involved in making a will and administering an estate, and we recognise that not all family circumstances are the same. Depending on the circumstances, a simple will may be required for some, whereas a complex will with special testamentary trust provisions may be required for others.
On the death of a person, a number of steps must occur to administer their estate such as gathering the assets of the estate, paying out all liabilities and transferring the real estate and other assets to the beneficiaries.
A grant of Probate from the Supreme Court is usually required to allow the executor named in the will to deal with all of the assets and the liabilities of the estate where a deceased left a valid will.
A grant of Letters of Administration may need to be obtained from the Supreme Court where a person dies without a valid will to allow the assets and liabilities of the estate to be dealt with by the administrator who is usually the next of kin. Where there is no valid will, the law determines who benefits from the estate.
Since circumstances vary for every estate, you should seek legal advice from one of our Wills, Probates & Estates team members to determine whether it is necessary to apply for and obtain a grant of Probate of the will of deceased, or if there is no will, a grant of Letters of Administration.
Our Wills, Probates & Estates team has many decades of experience in advising & assisting both executors and administrators in applying for grants of Probate and Letters of Administration for deceased estates. Mahons with Yuncken & Yuncken works hand in hand with executors and administrators to assist the timely & cost effective administration and winding up of estates.
Contests to Wills
A will can be contested on the following grounds:
- the willmaker lacked necessary mental capacity
- the will is not valid because the legal requirements have not been followed
- it was revoked or altered after it was signed.
- it was executed as a result of undue influence or fraud
- it was not the last will and testament of the willmaker.
Mahons with Yuncken & Yuncken Lawyers practice extensively in the area of litigation regarding deceased estates and we have an enviable reputation in obtaining great results for clients. We have the skills & experience necessary to provide highly competent advice and the legal expertise to contest or to defend a contest to a will.
In most circumstances, where a will states a clear and express direction of the testator’s intent and wishes, a court will be loathe to interfere with it even if it does not provide equally for all beneficiaries. However, Part IV of the Administration and Probate Act 1958 entitles the court to rewrite a will to make an order for the proper maintenance and support of a person for whom the deceased had responsibility to make provision.
There are a number of matters which a court must take into account in determining whether the deceased had the responsibility to make provision, and Mahons with Yuncken & Yuncken Lawyers are able to advise whether or not a claim can succeed. We have an enviable reputation for achieving success in such claims whether acting for a claimant or acting for the executors in defending such a claim.
If you believe that you have been left out of the will or been treated unfairly under a will, you should seek advice as to your rights from one of our Wills, Probates & Estates team lawyers immediately. Seeking experienced legal advice is important to successfully lodge a claim for proper maintenance and support because there are specific time limits that must be observed.
If you want greater peace of mind and security for the future for your loved ones, you should consult Mahons with Yuncken & Yuncken Lawyers.
Our Wills, Probates & Estates services includes:
- Probate Administration
- Testamentary trust
- Wills Disputes
- Estate Disputes
- Deceased Estate
- Estate Planning
- Powers of Attorney
- Part IV claim