At Law Corp we believe Estate Planning is an essential part of life. It is important to ensure that your love ones know exactly what to do with your estate should you pass.
We understand the sensitive and difficult nature of assisting clients who have lost a family member or friend and who are left to finalise their Estate. It is, without a doubt, a daunting and emotional time.
There are situations where people require advice in relation to challenging a Will or defending a Will. This area of law is generally referred to as ‘Family Provision Claims’. We will help you navigate these claims by giving you empathetic and objective advice to achieve an equitable resolution whether by negotiation, mediation or trial.
We offer many services and can provide advice in all areas of Wills, Probate, Estate Planning and Family Provision Claims.
A will is a legal document that specifies how you wish your assets and liabilities to be distributed following your death. A will nominates an executor or executors to assume responsibility for the administration and distribution of your estate. Other aspects of a will include appointing a guardian for minor children, burial preference and distribution instructions of personal belongings.
Law Corp can help you draft, organise and execute a will for individuals or couples. We will go through each provision with you clearly and carefully so you are confident in the decisions and distributions made. Law Corp respects your individual wishes and choices and provides an ongoing support system for any future changes to will or other estate documents.
Probate is a court order confirming that a will is valid and gives the executor legal authority to deal with the assets of the estate. In the circumstance where a person dies without a will, a spouse, de facto, child or other close family relative can apply to the Supreme Court for letters of administration to be appointed as administrator of the estate.
Making an application for probate or letters of administration in the Supreme Court can quickly become cumbersome for family members of the deceased because of the requirements, paperwork and steps involved in obtaining probate. Law Corp makes this process simple by taking out all of the guesswork and completing this process on your behalf.
A power of attorney is a legal document which allows an individual or company to appoint another person to make decisions about your legal and financial affairs. It is important to note that even when you sign a power of attorney, you still retain all rights and powers to act on your own behalf to manage your financial affairs and carry out any transactions while you are able to do so.
These documents are helpful as you get older and require assistance to make financial decisions and manage your affairs.
An enduring guardianship is a legal document that allows you to appoint another person to make decisions on your behalf regarding your medical, health and lifestyle decisions when you lose mental capacity.
Contemplating end-of-life care can be emotional and upsetting to individuals of all ages. Law Corp has a compassionate team who simplifies the legal jargon and provides clear direction and complete service to each individual and client.
While a person has freedom to make a will and distribute their property as they wish, this freedom is subject to the rights given to persons under Part 3 of the Succession Act which gives the court power to make an order for provision out of an estate in favour of an eligible person.
Law Corp works on behalf of you to support and defend your position to create a peaceful and agreeable outcome.
If you have been left out of a will you might be able to make a claim that you receive a gift of money or property from that estate. In order to make a claim, you must first fall into one of these categories:
- The husband, wife or de facto (including same-sex partners) of the deceased.
- A child of the deceased.
- A former husband or wife of the deceased
- A person that was dependant on the deceased and either a member of their household, or, a grandchild.
- A person in a close, personal relationship with the deceased, additional conditions apply.
We are able to offer you an Islamic Will that enables you to distribute your estate in accordance with Islamic requirements and that is also legally valid in Australia.
The Quran states: It is prescribed, when death approaches any of you, if he leave any goods, that he make a bequest….(2:180).
This service enables Australian Muslims the opportunity to fulfill their Islamic obligations and provide an opportunity to specify details on funeral arrangements, how your Estate will be distributed and even matters concerning guardianship of minors.
Law Corp Solicitors & Conveyancers provides this much needed service to the Australian Muslim Community, a Will endorsed by the Imams and drafted by Professional Muslim Lawyers.
The Prophet (PBUH) stated: “It is not permissible for any Muslim who has something to Will to stay for two nights without having his last Will written and kept ready with him.” Bukhari.