PEGASUS LAWYERS

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Wills

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Everyone should have a will. A will is a legal document in which you state how you want your assets to be distributed after your death and can also be used to appoint a guardian who can look after minor children until they reach adulthood.

 

After considering your wishes, as expert estate planning lawyers we have the necessary skills and knowledge to carefully prepare your will and ensure its validity by arranging for its proper signing and witnessing.

 

Having a will in place is the only way to avoid the expense and family disputes that often occur when a person dies without a will. Wills can only be made when you have testamentary capacity and your mind is sound.

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 Contact us now to provide you with expert advice and faultless service to ensure that your prepared will accurately reflects your final wishes.

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Enduring power of attorney

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An power of attorney is a document that allows you to appoint a person or persons to manage your legal and financial affairs, usually in circumstances when you are unable to manage your affairs personally, for example when you are overseas.

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If you lose capacity, a power of attorney will cease.

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An enduring power of attorney will continue to be valid even after you lose capacity and are unable to make sound decisions.

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Enduring guardianship

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 An enduring guardianship allows you to appoint a person to make lifestyle, health and medical decisions on your behalf when you lack the capacity to make those decisions for yourself.

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An enduring power of attorney or an enduring guardianship may be ineffective if the prescribed forms and proper witnessing procedures are not followed.

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We have the expertise to assist you with the preparation of a valid enduring power of attorney and enduring guardianship by ensuring full compliance with the requirements of the relevant legislation. Contact us now for an appointment to discuss your requirements.

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Grant of probate / letters of administration

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Probate is granted by the Supreme Court of New South Wales to the executor of a will when there is a will and the assets of the deceased include real estate or are over $15,000.

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Letters of administration are granted by the court to the spouse or next of kin of the deceased if the deceased died intestate, that is, without a will.

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If you are the executor of a will or the spouse or next of kin of a deceased without a will contact us to provide you with timely assistance in obtaining a grant of probate or letters of administration.  The rules and procedures surrounding such grants are complex and require the insight of an experienced legal practitioner. We have considerable experience in this area of law and would be pleased to discuss any questions you may have.

 

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Contesting a will

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If you have been left out of a will or not fairly or adequately provided for, you may be entitled to contest the will and lodge a claim against the deceased's estate. Despite the provisions of the will, if the court is satisfied as to your valid entitlement it may make orders reallocating the assets of the deceased to include you as a beneficiary if left out or not adequately provided for in the will.

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We have the expertise to advise you and act on your behalf if you wish to contest a will and question the fairness of its provisions.

 

Conversely, if you are an executor or a beneficiary under a will and you have been notified of or served with a claim on the estate by a claimant, we have the expertise to advise you as to what an appropriate settlement is or whether to defend the claim.

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Contact us today for a one hour free, no obligation discussion and evaluation of your estate law requirements.

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