Estate Law

Estate Law

No one likes to think about it; however, it is inevitable that we will all die one day. Our lawyers at Prudentia Legal will ensure that your intentions for your Estate are accurately documented in the event of your death. We will ensure that your estates will be distributed as you wish and minimise the risk of someone challenging your will.

We have the specialized knowledge and skill you need in estate planning and law. We have successfully acted in countless Estate matters on behalf of executors, beneficiaries and plaintiff’s seeking additional provision or resisting challenges brought by litigants.

Peace of mind is normally the key motive for individuals who have businesses, family and investment assets when it comes to estate and succession planning. Our lawyers can achieve the best results for you in will disputes, estate planning and estate challenges.

Estate Planning

Estate Planning is more than just a will – it is the review of a person’s personal and financial circumstances, an understanding of his/her testamentary wishes and objectives and the tailoring of strategic solutions to meet his/her estate planning needs. It’s a tough thing to think about; however, it is inevitable that all people will pass on. When this happens, there are often fights about who gets what and when they get it. Therefore, it’s important to have documentations in place to allocate the estate upon passing on.

This can involve the review of family trusts or business structures, the implementation of shareholder agreements, testamentary discretionary trusts or simply preparing an enduring power of attorney.

Some key areas of include:

  • Simple wills
  • Complex wills incorporating testamentary trusts
  • Asset protection strategies
  • Business succession planning
  • Personal succession planning
  • Family discretionary trusts
  • Superannuation succession planning

At Prudentia Legal, we guide you through the process and provide the necessary advice and assistance to help make it as trouble free as possible.

Will

A Will is a written document which declares how your estate assets are distributed on your death. For a will to be valid in Australia, certain requirements must be met. If you do not have a valid will when you die you create an ‘intestacy’ and your assets will be distributed in accordance with the laws of intestacy. If you do not have any next of kin your assets may end up in the hands of the government. Therefore, it is extremely important to form a will and to receive proper advice.

It is also important to discuss your asset distribution methods with your family as some of your choices may upset your loved ones. For example, if you intend to leave a significant portion of your estate to a charity or a non-family member, it is important to discuss your plans in advance. If you don’t, not only are there likely to be hurt feelings, anger and resentment aimed at innocent parties, but you may increase the likelihood of your will being contested.

Making a will is one of the most important steps you can undertake to safeguard your family assets after your death. Making a Will begins with good Estate Planning to ensure you have put into place the right strategy to safely transfer your assets to your family. Prudentia Legal may assist you with all aspects of your estate.

Probate & Administration

Prudentia Legal may assist you in obtaining a grant of probate, where the deceased has left a will, or letters of administration, where the deceased has died and has not left a will, known as intestate.

At Prudentia Legal we understand that dealing with a deceased estate is one of the more difficult challenges in life. From mountains of paper work to legal jargon and a ‘ticking time bomb’ for family disputes, they’re the last things you want to deal with when you’re grieving the loss of someone important in your life.

At Prudentia Legal, we take care of all your worries, to deal with the legal paper works, procedure and can assist you in obtaining best heritage.

Our key areas of expertise include:

  • simple and complex grants of probate representation
  • letters of administration
  • caveats
  • reseal of foreign grants