Wills & Inheritance
How we help
- Making or updating your will
- Elder Law
- Managing a deceased estate
- Inheritance and will disputes
- Powers of Attorney & Appointments of Enduring Guardian
Making and updating a Will
All adults should have a valid will that clearly states what should happen after their death. People who die without a will causes issues for the family they leave behind and increases the risk of inheritance disputes.
Stern Law can help you to prepare your will properly.
When making a will, you should give thought to such items as:
- Who to appoint as your executor and trustee and who to appoint as guardians of your infant children.
- What assets you can dispose of by your will and what assets you cannot (such as those owned by a Family or Discretionary Trust).
- What liabilities you need to provide for by your will.
- Who you wish to benefit from your will and how the interest of competing parties can be satisfied.
- Whether your wishes can be challenged.
- Your funeral arrangements.
- Where to keep your will and who should know where it is kept.
- The powers and directions you should give to your Executors and Trustees.
Managing a Deceased Estate
Dealing with the deceased’s legal affairs can be a stressful time. There is much that needs to be done within a certain time frame.
We are here to help you guide you through the legal process, including:
- Grant of Probate
- Grant of Administration
- Applications for a ‘court made will’ if a person has lost the intellectual ability (through accident or otherwise) to make a will.
We are advocates for the elderly and their family. Stern Law’s expert solicitors can help with legal issues and advice in the broad area of Elder Law.
Our legal services include:
- Nursing home, hostel and home care arrangements
- Retirement village agreements
- Liability claims
- Disputes about capacity to make decisions and sign documents.
- Dispute resolution
- Advice & representation in relation to Elder Abuse
- Challenging a will
- Advanced health directives
- Powers of Attorney
- Guardianship Appointments
Have you been left out of the will?
Sometimes it is fair and reasonable to contest a will. We can help you if you have been unfairly excluded from the benefits of a deceased person’s will.
In New South Wales, the Succession Act 2006 provides the framework when dealing with the wishes of the deceased. Section 59 of the Succession Act 2006 says that if a person is an eligible person under section 57, the Court may make a Family Provision Order.
The Court will make a decision based on fairness, the capacity of the deceased, the financial dependency of those parties that may be entitled to some of the deceased’s estate and other relevant matters depending on the facts of each particular matter.
Wherever possible we take a collaborative approach towards resolving your inheritance dispute. In many cases, your legal fees can be paid from the deceased person’s estate once a claim is finalised, and we will work with you in a cost-efficient way.
Powers of Attorney & Appointments of Enduring Guardian
An enduring Power of Attorney will, if properly certified before it is signed, continues to be effective even if the person loses mental capacity.
An enduring Power of Attorney is a very important document. The assistance of a lawyer should be sought both for certification and to make sure that it is done correctly.
Disputes relating to capacity, breach of authority, unjust enrichment and other issues are common in the Supreme Court of New South Wales. This highlights the importance of having a lawyer who is involved in the preparation of the Power of Attorney as they can deal with the issue of capacity responsibly and effectively.
When a person reaches a stage of life when they take a pragmatic view of the prospect that the time will come when he/she will no longer be in a position to make medical decisions about their future care he/she may wish to execute what is commonly called a ‘Living Will’ but it is really properly called an Enduring Guardianship or an Advance Health Directive, the existence of which enables the person to whom it is given to make decisions about the medical care, hospital and nursing home care of a person who by reason of his/her medical condition, for example, persistent vegetative state or dementia is unable to
make rational decisions about his/her care.
The existence of an Enduring Guardianship can save close relatives the trouble of having to make an application to the Guardianship Board where questions of medical care arise.
We can prepare the following documents on a fixed fee basis:
- Enduring Powers of Attorney; and
- Enduring Guardianship – Advance Health Directive
To get help with your legal issue, contact us on: +61(2)93871399 or email@example.com