Wills and Estates Lawyers
- Powers of Attorney
- Estate Planning & Trusts
- Will & Estate Disputes
- Probate & Letters of Administration
- Estate Administration
- Guardianship & Administration
Our experienced Wills and estate lawyers can help ensure that your wishes are clear with peace of mind about the future. We can provide assistance preparing your Will and estate planning in a simple, transparent process guided by years of experience.
Whether you’re creating your Will, updating an existing Will based on changes to your circumstances, or seeking assistance with the administration of an estate, we can help you navigate all areas of Wills, probate and estate administration. Our team of Will dispute lawyers can also facilitate contesting a will and provide advice on the process and outcomes.
We can also assist with setting up powers of attorney, a process that allows someone to act legally on behalf of another. We are also able to advise on matters of guardianship, superannuation and administration of an estate, including probate and letters of administration.
Our goal at McMahon Fearnley is to facilitate changes to Wills and estates as simply as possible. We understand the sensitivities associated with Wills and estates, and our team will always act to achieve the best possible outcome.
Obtaining Grant of Probate
When a person passes away, the executor or next of kin may need either a grant of representation (either a grant of probate or letters of administration) to administer their possessions and property – their ‘estate’. The grant allows for a person’s estate to be dealt with and distributed whilst protecting the person overseeing the process. This process can apply even when the deceased does not have a Will or has left only an informal Will, and our team is well equipped to deal with such complexities.
An application for a grant must be made to the Supreme Court of Victoria, which our experienced team is able to assist you with.
Administering an Estate
There can be many complexities in administering an estate, particularly if the deceased has not left a valid Will. If no will has been left, the process is guided by the laws of intestacy. In such cases, spouses and other next of kin may be entitled to the estate under the law. The laws as laid out can be difficult to navigate, and our team is experienced in assisting with dealing with an intestacy and ensuring clear advice is given throughout the process.
Much process must be followed even in situations in which a valid Will has been left. We can help with administering an estate in a sensitive and understanding way, ensuring the processes are followed correctly according to the law.
Will Disputes & Family Provision Claims
We understand that there are often difficulties related to the administration of an estate. If you are disputing the provisions made in a Will or feel unfairly treated in an estate’s administration, it’s valuable to have the correct legal advice.
One method of disputing a will is a Family Provision Claim, in which eligible persons can appeal to the court to seek adequate provision from an estate. We can provide the correct guidance on those eligible and the processes required in making such claims and ensure claims are lodged correctly.
Preparing a Will & Powers of Attorney & Estate Planning
Preparing a Will with the correct advice can be a vital step in ensuring that your estate can be more simply administered. We can assist in drafting a Will that is clear, concise, and insulated against disputes and claims. Having an experienced lawyer prepare a Will ensures your wishes are able to be honoured correctly, providing peace of mind.
We are also able to provide assistance with powers of attorney to have an individual appointed as an ‘attorney’ to act on behalf of another person concerning legal or medical or personal matters. The scope of such powers may be specifically defined, and having the advice of an experienced lawyer can be vital to ensure your wishes are correctly fulfilled.