WILLS & ESTATE PLANNING
A Will addresses the distribution of your assets and the guardianship of your children when you pass away.
Power of Attorney and Enduring Guardian documents appoint someone to handle your finance and health decisions whilst you are alive, but incapacitated.
It is important to make your wishes clear and together, these three documents will help to safeguard your family now and in the future.
After a loved one passes, a Grant of Probate, which is a legal document, is often needed to validate a Will and provide the executor of the estate the permission to collect assets, pay debts and distribute aforementioned assets to beneficiaries as per the loved one's Will.
In most cases, an executor must make an application for Probate to the Supreme Court of NSW within six months of their loved one's passing.
Due to the time-sensitive nature of Probate, SCL. have created a streamlined process to help clients avoid any delays in executing a Probate document.
LETTERS OF ADMINISTRATION
Under most circumstances when a loved one has passed and there is not a Will, a Letter of Administration, which is a legal document, is needed to allow a designated administrator(s) to manage and distribute a deceased loved one’s assets as well as pay any debts.
Sometimes a Grant of Letters of Administration is needed even when there is a Will. Often complex and grey, Sally has years of experience working with the courts to make settling a loved one’s estate stress-free.
Commonly referred to as contesting a Will, a Family Provision Claim is when a family member and/or ‘eligible’ person was unhappy with how assets were dictated to be distributed in a Will.
You can make a family provision claim if you:
are an 'eligible person', and
have been left out of a will, or
did not receive what you thought you were entitled to receive.
A family provision claim must be filed with the court within 12 months of the date of death (where the deceased person died on or after 1 March 2009).
The best way to think about Elder Law is as a big umbrella for Wills, Power of Attorney, Enduring Guardian, Financial Abuse of the Elderly, Guardianship Tribunal Matters, Family Law, Retirement Village Entry (Residential Aged Care Facilities Entry, Legal Advice & Contracts) as well as Estate Disputes.
Unfortunately, aged care facilities come with a lot of complexities. From navigating the market to choosing the right option and understanding the contract, Sally can ensure black and white provisions so this stage of life remains as stress-free as possible.