Estate Planning
Planning for the future is an essential step in ensuring your wishes are honoured, your assets are protected, and your loved ones are cared for.
Wills
A Will is a legal document that outlines how your assets and possessions will be distributed after your death. It also allows you to appoint a guardian for your minor children, ensuring their care and protection. We will assist you in setting up testamentary trusts in your Will to safeguard their entitlements in your estate after your passing.
Creating a Will is a vital part of your estate plan, giving you control over your legacy and providing clarity for your loved ones during difficult times.
Powers of Attorney and Enduring Guardianship
Powers of Attorney and Enduring Guardianship appointments are legal documents that empower trusted individuals to make financial and healthcare decisions on your behalf if you are unable to do so.
Facing illness or aging can be daunting, but establishing these documents in advance ensures your welfare and decisions are in the hands of those you trust most. This proactive planning provides certainty and peace of mind for you and your family.
The Importance of Succession and Estate Planning
Creating a robust succession and estate plan is more than just safeguarding your assets, it is about ensuring your loved ones are cared for beyond your lifetime. With a well-structed plan, you can have confidence that your wishes will be honoured and your family's future secured.
At JC McEwan Lawyers, we provide tailored advice to help you establish a comprehensive estate plan that offers peace of mind and security.
Estate Administration
Losing a loved one is an emotional and challenging time. At JC McEwan Lawyers, we are here to alleviate the stress of managing a deceased person's estate by providing expert guidance and support.
Understanding the Estate Administration Process
In New South Wales, before an estate can be distributed, an application for a grant of administration must be made to the Supreme Court of New South Wales. This grant may take one of two forms:
- Grant of Probate – When the deceased left a valid Will.
- Grant of Letters of Administration – When the deceased did not leave a valid Will.
The estate administration process, from obtaining a grant to distributing assets, can be complex and overwhelming, particularly for large or intricate estates. Seeking professional legal assistance ensures the estate is administered efficiently and in accordance with the law.
Additional Estate Administration Services
JC McEwan Lawyers can also assist with:
- Administering estates in jurisdictions outside New South Wales.
- Obtaining reseals of grants of administration in other jurisdictions.
Let our lawyers provide the expertise and support you need to navigate this process with confidence and care.
Estate Dispute
Life and relationships are often complex, and disputes over estates can be emotionally charged and overwhelming. Discovering that you have been left out a Will or inadequately provided for can be deeply upsetting.
Challenging a Will is a daunting and intricate process, but with our experienced Will dispute lawyers by your side, we aim to make it as straightforward as possible. We are committed to guiding you through every step of the journey, offering clear advice and strong advocacy to protect your interests.
A Will can be contested and challenged on several grounds, including:
- Lack of Capacity – The deceased lacked mental capacity when the Will was made.
- Fraud, Suspicious Circumstance or Undue Influence – The Will was created under improper pressure or deceit.
- Inadequate Provision – You have been left out of the Will or were inadequately provided for.
- Unfulfilled Promises – The deceased made a promise that should be honoured.
- Informal Will – A note or other documents exists that may impact the estate's distribution.
- Errors in the Will – Mistakes in the Will that may affect its validity.
- Lost or Misplaced Will – The original Will cannot be found.
- Ambiguous Wording – The language in the Will is unclear or open to interpretation.
Key Considerations
When challenging a Will, the courts consider various factors and may rely on extrinsic evidence to resolve disputes. It is important to note that only certain individuals, depending on their relationship with the deceased, are eligible to make a family provision claim. Additionally, strict time limits apply to bringing claims, so acting promptly is essential.
Why Choose Us?
We understand that estate disputes are not just legal battles but deeply personal matters. Our goal is to fight for fairness while reducing the stress on families. With a focus on clear communication, compassionate support, and strategic action, we provide the guidance you need to navigate the complexities of estate litigation with confidence.
If you are considering challenging a Will, contact us today for timely and tailored advice.
Protected Estates
Every family is unique, and when a loved one has a disability, ensuring their future care and financial stability is often a top concern. Parents and carers naturally worry about how their loved one's needs will be met when they are no longer able to provide support.
In these situations, it is crucial to plan ahead and establish measures that ensure continuity of care and financial security beyond the lifetime of the current caregivers. Proper legal planning not only safeguards the well-being of the person with a disability but also provides families with the peace of mind that their loved one's needs will always be met.
There is no one-size-fits-all solution when it comes to planning for protected estates. Every family's circumstances are different, and tailored legal advice is essential. Our team is here to guide you through this process, offering expert advice and creating bespoke strategies designed to protect the future of your loved ones.
Let us help you ensure that your family's needs are met with compassion, care, and a clear plan for the future.