Estate Planning and Litigation
Deceased estate planning
The decision to prepare or review Wills can sometimes prompt the decision to review generally an individual's or family's structures (eg, family trusts and other asset holding or control vehicles). Ensuring that an individual's or family's entities are appropriate and in order can quite often simplify the process of transfer of assets and control upon death. Our lawyers are happy to assist in the review process. The Will is the key to ensuring that an estate is dealt with appropriately and efficiently. Our lawyers are experienced in preparing documents which properly reflect an individual's wishes regarding the distribution of their estate.
Broadley Rees Hogan offers a complete service for all types of review and preparation of asset holding and control vehicles and Wills, including:
- Wills with/without testamentary trusts.
- Memoranda of Wishes.
- Enduring Powers of Attorney, other Powers of Attorney, Advance Health Directives.
- Trust deeds.
- Company documents.
Deceased estate administration
On death, our lawyers will deal with the estate's and survivor's needs in an efficient but sympathetic and sensitive way.
Our lawyers will assist in collecting in assets, transferring same in accordance with the Will and provide appropriate advice to ensure that the executor is undertaking his or her role in an effective and legally appropriate way.
Deceased estate disputes
Deceased estate disputes take many forms. However principally, they arise because of one of the following:
A person other than the Will maker, either meddles in the Will maker's affairs or persuades the Will maker to prepare his or her Will in a certain way; or
The Will maker does not provide for his or her family and friends in an appropriate way.
With an aging population and the consequences of age becoming more prevalent, the risk of incapacity, duress, and unconscionable conduct playing a part in the Will making process is becoming more common. Further with people divorcing and remarrying, the feeling of the need to provide for not only members of the first family but also the current family, and the feeling of the new family that they should be provided for from the Will maker's estate, has increased the possibility and risks of litigation.
As a result, an increased number of affected parties feel that they have not been properly considered in the Will and are minded to do something about it.
Our lawyers appreciate what people are going through in this circumstance. We have considerable experience in the area of deceased estate disputes. We are adept at getting the balance between negotiating an outcome and pressing our client's position in the appropriate forum in our client's interests.
Deceased estate disputes described above arise after the death of the Will maker. Other types of deceased estate disputes can also arise. Quite often trusts called testamentary trusts are set up through Wills. The trusts can be administered for extensive periods of time post death. Periodically, the trustee or beneficiaries become disenchanted with the administration of the trust and seek remedies.
Our lawyers have experience in the area of trusts and particularly with trusts formed during the life of a Will maker which operate post death, such as in a typical Family Discretionary Trust and also testamentary trusts set up through a Will.
The types of deceased estate disputes that we are happy to assist you with include:
- Acting for parties who wish tochallenge or defend a Will in circumstances of supposed incapacity or undue influence or duress.
- Acting for parties who wish to challenge a Will or defend an application to seek a benefit or a greater benefit under a Will or on intestacy.
- Trust and equity cases where they are part of or related to deceased estates.
- Will interpretation applications.
- Executor conduct and removal applications.
- Power of Attorney applications.
- Trust interpretation applications.
- Trustee conduct and removal applications.
