Wills, Estates and Powers of Attorney at ABKJ

Creating a Will

Creating a will is one of the most important responsibilities of anyone who has assets or a spouse. Without a correctly worded will the chances of your estate being distributed exactly the way you want it are greatly reduced and you could end up becoming a burden on those you love the most. It's important for wills to be updated as circumstances change and it's important to ensure your will meets certain requirements to make it legal. If you want to ensure your will is legally binding and will do the job you intended it to, contact ABKJ.

Contesting a Will

Contesting the validity or intention of a will is a complex process. If a will is written clearly, and without ambiguity there is generally little a court can do to over-ride the wishes of the deceased. However, a will can be contested or challenged if:

• It is alleged the will was incorrectly executed or was tampered with.
• The will was executed under pressure from others or the will maker was incapable of making a will.
• Insufficient provision has been made in the will for a spouse, children or other persons the will maker has an obligation to provide for. Where family members have not been adequately provided for under the terms of a will, application can be made for provision to be made out of the deceased's estate.
• The will has been incorrectly administered.

Probate & Administration

If you have been appointed an Executor of an Estate or you are a relative of a deceased who died without a will (or valid will) ABKJ Lawyers can assist you with explaining your legal duties and options with repect to the administration of the Estate together with providing you with assistance and guidance with lodging an Application for a Grant of Probate.  At ABKJ Lawyers we have extensive experience in this area and will be able to provide you with sensible and cost effective advice relaitng to the methods that are available relevant to your particular situation.  We will take the worry and stress out of this sometimes onerous task and provide you with personal attention that is required in these matters.

Powers of Attorney

A power of attorney allows you to appoint someone you trust to act on your behalf if you are unable to act on your own behalf (for example, if you are overseas or in hospital).

There are three main types of power of attorney:

• A general power of attorney
• An enduring power of attorney (financial)
• An enduring power of attorney for medical treatment

ABKJ Lawyers can help you:

• Decide whether a power of attorney could assist in your circumstances.
• Draft a document that meets your particular needs and legal requirements.
• Advise you on the implications of the types of powers of attorney.
• Review an existing enduring power of attorney.
• Advise on the powers of the donor and the attorney

For more information on how ABKJ Lawyers can be of assistance please contact us.

Useful Links

Senior Living Online - Retirement village information and directory of legal services, Wills & estates information, accommodation and aged care.