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Your will is one of the most important documents that you can have. Sadly, many people delay preparing their wills until it's too late. In order for a person to make decisions about what happens to their property and interests (their estate) after they pass away they need to make a valid will. In order for their will to be valid, the person making the will (the testator) must: Have testamentary capacity; Have testamentary intention; Know and approve of the contents of the will; and Meet the formalities required by the law.
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(03) Our law firm Property Law Wills & Estates Commercial Law Litigation About us More 9939 3556 Pera Lawyers WILLS AND ESTATE PLANNING Contact our estate lawyers WILLS AND ESTATE PLANNING Will drafting Your will is one of the most important documents that you can have. Sadly, many people delay preparing their wills until it's too late. In order for a person to make decisions about what happens to their property and interests (their estate) after they pass away they need to make a valid will. In order for their will to be valid, the person making the will (the testator) must: ● Have testamentary capacity; ● Have testamentary intention; ● Know and approve of the contents of the will; and ● Meet the formalities required by the law. When making a will, you should consider the effect it will have on your estate. This process is called estate planning and our lawyers are able to assist clients in making sure their will is appropriate to their individual circumstances. Estate planning To guarantee a smooth and successful transfer of your assets upon your passing, it is important to engage in estate planning when drafting your will. Our legal services are tailored to the needs of each client. Critical factors to consider when making a will include: The assessment of your assets Likely taxation considerations The risk of claims against the estate by third parties Asset protection At Pera Lawyers, we make the process of estate planning and making a will easy and simple to understand. We guide you through every step and ensure that your assets are left in accordance with your wishes. Challenging a will and contested estates Sometimes a will can be challenged for its validity - for example if the proper procedures were not followed. Alternatively, a will can be challenged pursuant to a family provisions claim in Part IV of the Administration and Probate Act 1958 (Vic). In a family provisions claim, it is possible for an eligible person to challenge the contents of a will (even if it was validly made). An eligible person can apply to make a claim on the assets of a deceased’s estate where: The deceased had a moral obligation to make adequate provision for the applicant in the will; and The provisions made under their will for the applicant is inadequate given their ?nancial circumstances. That is, the will can be contested on the basis the will does not adequately take into account the ?nancial needs of someone who has a claim on the deceased’s estate. Some common examples of situations which may give rise to a challenge include the leaving out of a child or spouse or treating children unequally. If you ?nd yourself in this situation, it is recommended that you promptly seek legal advice. COMMON QUESTIONS ABOUT WILLS The following are some of the most frequently asked questions our of?ce receives about wills: How do I make a will? Who can be the executor of a will? Can my solicitor be the executor of my will? How long does it take to prepare a will? How should a will be signed? How do I challenge a will? WILLS & ESTATES LEGAL INSIGHTS All Posts Wills & Estates 6 January 2023 8 January 2023 8 September 2022 cution of wills Death and Preparing an nd remote contracts of sale of Advance Care re witnessing real estate Directive in ntinue Reading d i Continue Reading i i Continue Reading CONTACT OUR ESTATE LAWYERS Send a message to our estates legal Appointments and consultations with team our expert estate lawyers Upon receiving your online query, you will be Name* contacted by one of our lawyers to arrange a consultation. Mobile* Contact Details Email* Suite 8B, 80 Keilor Road, Essendon North Victoria 3041, Australia Melbourne Of?ce: Exchange Tower, Level 1, 530 Little Send us a short message outlining your legal enquiry Collins St, Melbourne Victoria 3000, Australia All mail: PO Box 306, Essendon North VICTORIA 3041, Australia P: (03) 9939 3556 Attachments (0) Attach Files M: 0434 506 596 (Sam Ozturk | Lawyer) Sign up for our email list for legal insights and Law Firm Hours updates from our law ?rm Mon 09:00 am – 05:00 pm Send Tue 09:00 am – 05:00 pm Wed 09:00 am – 05:00 pm Thu 09:00 am – 05:00 pm This site is protected by reCAPTCHA and the Google Privacy Policy and Fri 09:00 am – 05:00 pm Terms of Service apply. Sat Closed Sun Closed Get directions © Mapbox © OpenStreetMap Improve this map WILLS, ESTATES AND POWERS OF ATTORNEY WILLS, ESTATES AND POWERS OF ATTORNEY LAWYERS IN ESSENDON AND MELBOURNE LAWYERS IN ESSENDON AND MELBOURNE Copyright © 2020 Pera Lawyers PTy ltd (ACN 646 048 419) as trustee for the pera trust trading as pera lawyers (ABN 454 994 910 21) - All Rights Reserved. LIABILITY LIMITED BY A SCHEME APPROVED UNDER PROFESSIONAL STANDARDS LEGISLATION Essendon Of?ce (head of?ce): Suite 8B, 80 Keilor Road, Essendon North, Victoria 3041 Melbourne Of?ce: Exchange Tower, Level 1, 530 Little Collins St, Melbourne Victoria 3000, Australia Property and Conveyancing Property Development Wills and Estates Probate Powers of Attorney Corporate and Commercial Business Sale & Purchase Commercial Leases Litigation and Disputes Liquidation & Winding Up Unfair Dismissal Terms and Conditions This website uses cookies. We use cookies to analyze website traf?c and optimize your website experience. 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