EXPERIENCE & EXPERTISE
Estate planning
Our lawyers understand the importance of estate planning for the future.
Determining the appropriate asset structure, or a combination of structures, is fundamental to successful estate planning to secure our clients’ legacy, particularly when important tax and asset protection consequences flow from these critical decisions.
Our comprehensive estate planning services provide peace of mind and ensure assets are protected and distributed according to each client’s specific wishes.
Whether a simple will or complex trust is required, our experienced team guides clients through every step of the process.
Our estate planning expertise includes:
- Drafting wills (whether simple or complex, such as establishing testamentary trusts), rights of residence/occupancy and life estates
- Preparing enduring power of attorneys, appointments of enduring guardianships and advance health care directives
- Comprehensive succession planning including, corporate structures, family trusts, companies, partnerships and self-managed superannuation funds
- Assessing insurance and superannuation policies and preparing appropriate death benefit nominations (including for self-managed superannuation funds)
- Life tenancy agreements
- Mutual will agreements
- Special disability trusts
- Guardianship and financial management applications
- Statutory will applications.
Deceased estates
We focus on providing comprehensive and practical advice to executors to guide them through the deceased estate process. We pride ourselves on giving executors peace of mind, knowing that they have competently discharged their duties as an executor in accordance with the will.
Our deceased estate expertise includes:
- Assessing and determining deceased estate requirements for simple and complex estate matters
- Obtaining a grant of probate or letters of administration
- Providing sound advice to executors regarding their estate management duties
- Assisting executors with the administration and distribution of domestic and international assets, including collecting assets, paying estate liabilities and expenses, and facilitating the transfer and distribution of assets to beneficiaries (including appropriation of any assets if required)
- Preparing deeds of family arrangement
- Advising and acting on informal will applications where the will does not comply with formal requirements (for example, handwritten or DIY wills)
- Advising and acting on will rectification and construction issues
- Assisting with and collecting entitlements for superannuation and insurance death benefit claims
- Advising on and applying for executor’s commission.
Will & estate disputes
We understand the complexities of family dynamics and appreciate that additional grief can arise when someone is unfairly excluded from a will or is facing a will or estate dispute.
We sensitively guide our clients through difficult times by ensuring their matter is dealt with smoothly and efficiently all the way through.
We specialise in resolving will and estate disputes to protect our clients’ interests through negotiation, mediation and judicial determination.
Our will & estate disputes expertise includes:
- Contesting or challenging a will due to no (or inadequate) provision made under a will (known as family provision applications)
- Defending the estate to uphold the provisions of a will in family provision applications
- Contesting, challenging or defending the validity of wills based on issues including lack of capacity, undue influence or fraud
- Resolving conflicts between executors/trustees and beneficiaries, including breaches of fiduciary duty and mismanagement of assets
- Protecting the rights of beneficiaries in disputes over inheritance and asset distribution
- Addressing allegations of misconduct or negligence by executors, trustees and other fiduciaries
- Advocating for the rights and best interests of incapacitated individuals through guardianship and conservatorship, ensuring they receive proper care and management of their affairs.
STANDOUT SERVICE & RESULTS
With a personalised approach to ensure that each client’s unique needs and goals are met, we create an estates plan that reflects their values and secures a legacy for future generations.
Our team is highly experienced in handling complex cases and are committed to achieving the best possible outcome for our clients.
We combine skills and experience with genuine compassion to deliver standout service and results.
Are you looking for market-leading legal experience and expertise?
Email our team direct at corporate@moray.com.au or click below.
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