Wills and Estates
Our Wills and Estate Lawyers in Liverpool believe that securing and protecting your assets is essential to ensure that your loved ones are looked after in the event of your incapacity or death. Having a Will is an important first step in getting your affairs in order.
Our experienced team will guide you and your family in a variety of matters including trusts, wills, probate and more. From constructing a simple will to a testamentary trust will or more complex disputes involving assets located both in Australia and overseas, we’re here to guide you toward a satisfactory resolution and help secure the future of your family.
A Will or Testament is a legal document by which a person, the testator, expresses their wishes as to how their property is to be distributed after the death, what happens to their business or other things for which they are responsible, and names one or more persons, the executor, to manage the estate until its final distribution.
Our goal is to understand the needs of your family and estate in the long term, to create positive outcomes and attempt to prevent issues that may be raised and contested at court to minimise your financial and emotional costs.
It’s important to consult a Will lawyer at CFS Legal, especially when your circumstances include:
If you are running a business and need to leave ownership or control to someone in the event of your death;
If your permanent address is outside of Australia or you have property overseas;
If you have children under the age of 18 in your care who need a legal guardian;
Sharing a property with a significant other, spouse or civil partner;
If you want to leave property to someone who can’t care for themselves;
If several people are trying to claim ownership over your assets, such as a second spouse or children from another marriage.
CFS Legal’s Wills & Estate solicitors are specially trained to provide assistance in:
Contesting a Will and Family Provision Claims;
Mediations and Deeds of Family Arrangement;
Estate Litigation;
Wills, Powers of Attorney, and Appointing an Enduring Guardian.
Making a valid will
Preparing a valid will is the best way to ensure that your testamentary intentions are followed. After your passing, it determines not only who will be responsible for administering your estate and who will benefit from it, but also arrangements for your minor children and funeral.
Testamentary Trusts
It is a sophisticated Will, which creates trust or trust after the testator dies. The purpose of testamentary trusts is to protect at-risk beneficiaries and provide tax advantages.
Enduring Guardian
An appointment of enduring guardian appoints a person to make a range of lifestyle decisions, eg, where you live and what health care and other services are provided to you if you cannot make those decisions yourself.
Application for a Grant of Probate
Order for Probate is granted by the Supreme Court and authorises an Executor to administer the Estate according to the Will.
Applying for a grant may not be required for small estates or where the property was held jointly with a sole beneficiary. In such cases, the deceased’s share of the jointly held property can be transferred to the surviving owner.
Letters of Administration
An Order for Letters of Administration is a specific order of distribution of an estate to the deceased’s next of kin when a person passed away without a Will. The distribution is by a statutory formula.