At Brennans Solicitors, we pride ourselves on delivering sound, practical advice with an understanding of every client’s personal needs. Call +61 7 5438 8199 today!
We act for executors and beneficiaries in relation to wills and estate matters including:
The estate of a deceased person is usually distributed to the beneficiaries with the authority of the court. The person named as executor in the Will applies for a Grant of Probate (this can be very straight forward). If there is no Will (intestacy) a relative or some other interested person can apply for Letters of Administration (this can be more involved). If you distribute an estate without obtaining the court’s authority, you can be personally liable if you do something wrong.
We will attend to a transmission application where the deceased left property.
A short discussion with one of our solicitors to discuss the particular circumstances of the estate should identify any anticipated issues and give you an estimate of the cost.
Being an executor or trustee can be a thankless, difficult, stressful task fraught with risk depending on the extent of the estate and the beneficiaries involved. A cautious approach is essential as there is risk of personal liability for poor ill-advised decisions. Estate law is complex .We can take much of the burden from your shoulders and help you to avoid or overcome problems. We are experienced in advising executors and dealing with estates especially where there is conflict or potential for a dispute.
With increasing wealth and blended families, more thought must be given to the estate you will leave behind. We will take your instructions, consider your circumstances and advise you on the best way to proceed. You may consider putting in place arrangements that prevent or at least anticipate potential conflict in the family on your death. We can advise on the evidence required in the event of a challenge to your Will. We can assist you to identify issues and put in place arrangements to give you and your family peace of mind.
If you are considering making or reviewing your will, here are some matters to consider:
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.
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.
Paul Brennan from Brennans solicitors. In this interview, Paul talks about The Ten Commandments of Will Disputes.
Paul Brennan TEP is a full member of Step – a well-regarded international organisation with a vision to be the pre-eminent worldwide professional association for those advising families across generations. Paul’s particular interest is will/estate disputes.
Listen to the “Law” Podcast by clicking this link http://podcast.lawanddisorder.com.au/ to learn about inheritance issues and Will disputes.