Sensitive, personal, sensible advice
Making a Will
A death in the family can be a difficult time for loved ones. Planning for your family’s future is essential to ensure loved ones are provided for and conflicts are avoided. Our friendly and dedicated team at Callea Pearce Lawyers understands the importance of family, and can assist you in formulating plans that result in positive solutions for you and your loved ones.
Contesting a Will
We appreciate the sensitive nature of Will disputes, and provide personal sensible advice, working with you to reach positive solutions. The death of a loved one can be even more upsetting when the deceased has not left you a fair share of their estate. If you feel you have not been left a fair share of your loved one’s estate, you may be able to contest their Will. Deciding to contest a Will can be difficult and Callea Pearce Lawyers will support and advise you empathetically. By law, a person making a Will may deal with their estate as they desire. However, legislation protects those to whom the deceased had a moral responsibility and in some circumstances the law will intervene to ensure such persons are provided for fairly despite having been left out of the Will.
If you feel you have been unfairly provided for you may be able to contest the Will in the following circumstances:
• you were dependant on the deceased
• your share of the estate is not adequate for your maintenance and support
• your relationship with the deceased only began after the last Will was made
• the Will does not provide for the partner or children in a second or subsequent marriage or de facto relationship
• you believe that the Will is grossly unfair
• you can show that the Testator was not in a sound state of mind when they made a Will, or
• the Will is unclear
If your loved one dies without a leaving a Will, you may be able to make a claim to ensure that you get a fair share of the estate.
In Victoria, the time limit for contesting a Will is six months from the grant of probate.
Power of Attorney
Appointing an Attorney allows someone to act on your behalf, enabling your affairs to be managed by a person of your choice if you are unable to manage them personally due to illness, oversees travel or mental incapacitation. There a different types of Powers of Attorney and the team at Callea Pearce Lawyers can advise you as to the most appropriate Power of Attorney for your situation.
Probate and Letters of Administration
Probate is the process of proving and registering in the Supreme Court the last Will of a deceased person. The Executor of the Will usually administers the estate of the deceased and handles the disposal of their assets and debts. The Executor needs to get the authority to be able to do this. The Executor can attain such authority by obtaining a legal document called a ‘Grant of Probate’. To obtain a Grant of Probate, the Executor named in the Will must apply to the Probate Office of the Supreme Court.
If a deceased person does not make a Will, validation of their estate and benefactors is done with a document called ‘Letters of Administration’ instead of a Grant of Probate.
We provide practical and cost-effective advise on all aspects of wills and deceased estates, including:
• Contesting a Will and challenging a Will
• Deceased Estates
• Grants of Probate
• Letters of Administration
• Enduring Power of Attorney
• Estate Planning
• Testamentary Trusts
Callea Pearce Lawyers provide Wills and Deceased Estate services at each of our offices, located in Melton and Werribee. Please CONTACT US with any enquiries you may have regarding Wills, Contesting a Will, Power of Attorney and Deceased Estates or any other areas of law we can assist with and we will get in touch promptly.