Wills & Estate Lawyers Campbelltown
If you are looking for an experienced Wills & Estate Lawyer in Campbelltown, Coutts is the ideal choice for you. Our team of expert professionals understand the intricacies associated with safeguarding your assets and the well-being of your loved ones. At Coutts, we prioritise offering personalised, comprehensive solutions to ensure that your estate planning and administration requirements are met with the utmost care and attention to detail.
Speak With Our Campbelltown Wills & Estate Experts
The Wills & Estates team at Coutts Lawyers & Conveyancers Campbelltown are proud to offer clients more than just a Will. Getting the right estate planning advice provides for peace of mind and a feeling of security in our ever-changing world. By taking the ‘what if’ out of the equation, the Wills & Estates team provides clarity for your future.
Our goal is to ensure that you have every opportunity – no matter which stage of life – to have peace of mind in knowing your wishes will be carried out if something were to happen to you.
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When it comes to drafting your Will, the importance lies in the finer details. This may seem like a cliché or perhaps a throw-away comment; however, many people may not realize the legal requirements that must form part of your Will for it to be valid or to ensure your specific wishes are as ‘water-tight’ as possible.
Coutts Campbelltown Will Lawyers possess the expertise to address these legal requirements, which go hand in hand with specialised drafting and a broader understanding of how assets can be managed under your Will.
Power Of Attorney Campbelltown
You can protect yourself and your loved ones against unnecessary complications by setting up a Power of Attorney with the help of Coutts Campbelltown Will Lawyers. This is a document that authorises another person to make legal, financial, and property-related decisions on your behalf for a specific point in time or if you have lost the mental capacity to make these decisions for yourself.
The Power of Attorney is especially helpful as you get older and require assistance in making financial decisions and managing your legal affairs.
Appointment Of Enduring Guardianship Campbelltown
An Appointment of Enduring Guardian, facilitated by Coutts Campbelltown Will Lawyers, is an essential estate planning document that enables you to nominate someone else to make health, medical, and lifestyle decisions on your behalf if you no longer have the mental capacity to make these decisions for yourself.
Your Enduring Guardian should be someone you trust wholeheartedly to look after your best interests and could be a relative or close friend.
Estate Administration Campbelltown
The Coutts Campbelltown Wills & Estates Team work closely with you to determine whether a Grant of Probate or Letters of Administration is required, and efficiently finalise the administration of an estate by paying all debts and collecting or selling all the assets of a deceased person.
The Team handles the legal process involved in obtaining a Grant of Probate or Letters of Administration from the Supreme Court of New South Wales, allowing you to focus on spending time with your family during this difficult period.
A Grant of Probate is a legal document from the Supreme Court of New South Wales that authorises an Executor to manage the estate of a deceased person in accordance with the wishes expressed in that person’s Will. Coutts Campbelltown Wills & Estate Lawyers can provide valuable assistance in this process.
Making an application for a Grant of Probate in the Supreme Court of New South Wales can quickly become cumbersome for family members of the deceased due to the requirements, paperwork, and steps involved in the legal process. By working with the expertise of Coutts Campbelltown Wills & Estate Lawyers, you can alleviate this burden and ensure a smoother experience throughout the process.
Letters Of Administration Campbelltown
A Grant of Letters of Administration, handled by Coutts Campbelltown Will & Estate Lawyers, is similar to a Grant of Probate. It is a legal document from the Supreme Court of New South Wales that authorises the next-of-kin of a deceased person to manage the estate and distribute their assets to a class of beneficiaries determined in accordance with the rules of intestacy.
Family Provision Claim Campbelltown
Whilst a person has the freedom to make a Will and give the property and assets of their estate to whomever they wish, this freedom is subject to the rights given to certain people under Part 3 of the Succession Act in New South Wales. Coutts Campbelltown Wills & Estate Lawyers can guide you through this process, ensuring that adequate provision is provided to the eligible family members of the deceased person.
If someone who is an eligible family member believes that they have been left out of a Will or unfairly provided for, then a family provision claim is an avenue for that person to challenge the terms of the Will in the Supreme Court of New South Wales. The team at Coutts Campbelltown Wills & Estate Lawyers is well-equipped to assist with such claims and help protect the rights of eligible family members.
NCAT Guardianship Divison Campbelltown
The Guardianship Division of the New South Wales Civil & Administrative Tribunal (NCAT) has the power to determine applications for someone else to make decisions on behalf of an adult person with a disability or impaired mental capacity who is unable to make decisions for themselves. Coutts Campbelltown Wills & Estate Lawyers can assist with navigating this complex legal process, ensuring the best possible outcome for those in need of support and representation.
Elder Law Campbelltown
Elder law, an area of expertise for Coutts Campbelltown Wills & Estate Lawyers, specifically addresses the protection of Australia’s ageing population. By focusing on ensuring the rights and responsibilities of the elderly are adequately protected and continually reviewed, elder law helps to highlight and rectify legal issues related to healthcare, estate planning, and elder abuse, keeping these crucial matters at the forefront of Australian concerns.
Superannuation Death Benefit Nominations And Claims Campbelltown
You may or may not be aware, but your superannuation cannot typically be given away to someone under your Will because your Will only covers assets that you personally own (such as your car, your house and your bank accounts). Whilst it is in an accumulation or pension phase, your superannuation is a sum of money that is held for you in a trust managed by your superannuation fund and governed by superannuation laws.
Will & Estate Lawyers Campbelltown FAQ’S
A Will is a legal document that specifies who you want to benefit from your estate, and how you wish your assets to be distributed after you pass away. It is one of the most important legal documents you will ever sign, and making sure that your Will is up-to-date, well-structured and clearly written is key to ensuring that your assets will pass to the persons you wish to benefit.
You can also use your will to nominate a guardian for your minor children or to record your funeral wishes. Having a valid will meets two goals – it ensures that your wishes are upheld and makes things easier for your family.
For a Will to be considered valid in New South Wales, it must be:
- In writing;
- Signed by the will-maker (or by a person the will-maker has directed to sign on their behalf if they are physically unable to sign it themselves); and
- Witnessed by at least two independent people who are present at the same time the will-maker signs the document. The witnesses must also sign the will to confirm that they were present and witnessed it.
When someone passes away without a “valid Will” in place, they are said to have “died intestate”. What this means is that their assets will pass to a class of beneficiaries that have been pre-determined by the law in New South Wales, called “the rules of intestacy”.
Under the rules of intestacy, there is a statutory order of relatives created by the law to achieve a “blanket solution” to what the person who passed away without the Will might have done in their lifetime.
You must exhaust every relative who fits within the category before moving on to the next category and once an eligible relative is found, the process stops. If there is more than one relative in a category, then these relatives become equal beneficiaries of the estate.
The statutory order is as follows:
Spouse, including a married or de-facto spouse and same-sex relationships.
Children, including biological and formally adopted children but not step-children.
Brothers and sisters.
Aunts and Uncles.
The deceased persons assets will only pass to the New South Wales Government if there are no eligible relatives of the deceased person.
The situation becomes much more complicated when the person who passed away leaves both a spouse and children who are not the biological children of their spouse, such as in a blended family scenario. In this situation, the law attempts to divide the estate assets between the spouse and the children, but it might not be exactly as the deceased person had wanted it to be.
This statutory order is subject to modification where the deceased person is an Indigenous Australian and the estate will be divided in accordance with the laws, customs and traditions of the deceased persons Indigenous community.
A Will is a very important document to have. A Will states the way you wish your assets and liabilities to be distributed after your death. If you don’t have a Will, you don’t have any say about how your estate is distributed.
A family provision claim refers to a legal request submitted to the Supreme Court of New South Wales when an individual seeks to contest or challenge a will in order to obtain a portion or a more substantial share of a deceased person’s estate. This type of claim is often pursued when the applicant believes they have been unfairly excluded or inadequately provided for in the will, and seeks to rectify the situation through legal means.
Probate is a court order confirming that a Will is valid. Following a determination by the Supreme Court that the Will is valid, probate is granted in favour of the executor. The grant of probate gives the executor legal authority to deal with the assets of the estate in accordance with the wishes of the deceased.
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