Estate Stewardship

Click here to see Paul Brennan on the Kerri-Anne Kennerly on Channel 9's "The Morning Show" talking about the problems facing the baby boomers with regard to estates and wills.

This practice area includes:

Estate law

wills, enduring powers of attorney, succession planning, estates. 

Estate Litigation

• Advising on challenges to wills and intestacy law.
• Estate disputes.
• Family Provision Applications.
• Contesting wills.

Estate Administration

• Obtaining Probate and property transmission applications.
• Assisting and acting for trustees and/or executors.

Call Laura Pound on 07 5444 2166 or email her on laura.pound@brennanlaw.com.au and ask about our 30 minute fixed fee interview.

If you are considering making or reviewing your will, here are some matters to consider:

Wills

The object of making a will is to avoid a dispute over your estate. In the past most wills were left unchallenged as there was not much money at stake. This is no longer the case; not only is there more money around but people have more interesting lives. 

First, speak to a lawyer to discuss your own position. This can be a quick and simple discussion. In other cases, especially those involving second families and/or adult children with difficulties themselves, it is not so simple and you may need to take some difficult decisions. Drawing up the will is often the easy part.

Who will make decisions?

During your discussion it may become clear that you need someone who can take decisions when you are gone.  It is the type of duty carried out by a wise uncle or family friend but sometimes you feel that circumstances are such that you do not wish to place this responsibility on their shoulders.  In these cases a lawyer from this firm can act as an executor/trustee, depending on the circumstances.  Remember the objective is to avoid dispute and court proceedings.

Disputes

Families often do not agree. Now that there is more money at stake you can end up in court very easily. You should speak with a lawyer before any negotiation or discussion if you think there is going to be trouble.  

Call Laura Pound on 07 5444 2166 or email her on laura.pound@brennanlaw.com.au.

If you want to learn a little more about this issue you can purchase Paul's eBook Legal Guide to Dying - Baby Boomer Edition