Estate Planning

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Often called ‘Family Law after the Grave’ our senior Lawyer and Director, has an LLM in the subject, is a TEP – member of STEP (the Society of Trust and Estate Practitioners) and has decades of experience in Estate Disputes, Will drafting and Estate Planning.

Barbara Campbell has the training and practical experience to ensure that, as far as is possible, your estate plans prevent post death disputes. By understanding your family dynamics, we can provide you with all options when drafting your Will and preparing your succession documents.

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There are four “legal insurances” that we encourage all clients to have professionally prepared:

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• A valid current Will.

• An Enduring Power of Attorney (EPOA)

• A Binding Death Nomination for your superannuation (BDBN) and in the case of second relationships or protection of pre-relationship assets

• A Binding Financial Agreement (BFA)

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Call 02 6288 8852 for an appointment or 0400 885 280 to speak with Barbara directly, unlike other firms you will likely be in contact with a Lawyer on your first call.

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Without a Will, your estate will not necessarily be distributed as you would wish. There are statutory requirements for distribution and this does not result in your long-term spouse receiving your entire estate.

Attorneys misusing a Power of Attorney (POA or EPOA), are becoming common. We also represent parties where an attorney has abused the power given to them under an POA/EPOA. Sadly, we see too many examples of this and note that Elder Abuse is becoming all too prevalent. We are hoping to have mandatory reporting for Elder Abuse, just as it is mandatory to report Child Abuse. This is not easy to legislate or police, but something must be done to protect the vulnerable.

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Probate

Our compassionate team will assist with the legalities after the loss of your loved one providing empathetic guidance and expert legal advice. We ensure that all requirements for a Grant of Probate or Letters of Administration are met. 

 

The requirement to obtain probate depends on the size of the estate, the type of assets and how they are held. Most financial institutions require a Grant of Probate to release funds over a specified amount. Probate is also required to transfer real estate that is not jointly held between the deceased and a beneficiary.

A grant of Letters of Administration appoints an interested person as administrator of an estate when there is no Executor or no Will, allowing him or her to deal with the estate assets and liabilities in the same manner as an Executor.​​​​​​​​​​​

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