When it comes to will and estate planning, you want the best in the business to ensure that your family is always looked after.
It can be difficult to navigate the world of wills and estates on your own, with all the legal terms and technicalities being thrown around that make it seem confusing and downright daunting.
We make the process of drawing up your will and managing your affairs as simple as possible, presenting you with all the information and expert advice you need to make an informed decision that best suits you and your family’s needs. Your will is one of the most important documents you will ever create — it’s important that you understand exactly what it entails.
At Horn Legal, we know that simple, straightforward communication is the key. We consult with you (and other parties, if needed) to gain a complete and comprehensive understanding of your unique situation and requirements, and work alongside you to construct a will that accurately represents your wishes and plans for the future.
We specialise in:
- Wills and estates
- Estate planning
- Powers of attorney
- Will disputes
- Grants of probate and letters of administration
- Estate administration
- Intestacy (managing Estates when no will has been created)
For the best wills and estate advice, Horn Legal offers affordable and high quality service. Want the best legal advice for your wills, estates and assets? Contact us today for a free consultation!
Lawyer for wills and estate you can trust
More than half of Australians who pass away do so without leaving a will, meaning that there is chaos and disagreements regarding the final wishes of the person amongst family members and other beneficiaries. The court can assign a person to manage your affairs, meaning that any wishes you may have expressed are not fully considered.
Make sure that your assets are all taken care of when the time comes. Our lawyers are experienced at planning your wills and estates, performing estate administration and acting as trusted Executors to ensure that your will is carried out exactly as outlined.
For wills, estates and other advice concerning your assets after death, our Elsternwick estate lawyers provide professional and prompt services to ensure that your loved ones will be well taken care of.
What do I need to consider in my will?
Your will needs to outline your wishes after your death, and any information that will help your Executor and beneficiaries carry it out. Some of the information that you’ll need to include is:
- A list of beneficiaries. Besides family, this can include friends, charities, organisations or others.
- Guardian appointment for children under the age of 18, and Trustee clauses.
- Specific bequests of assets or funds. Even if you have verbally confirmed with a loved one about what they will receive after your death, it is important to have this in writing to help prevent any disputes or disagreements.
- Funeral requests and burial/cremation/other instructions.
- Exclusion clauses, if there are people who you do not want to receive part of your estate.
There are a number of things you will need to consider in order to effectively organise your estate:
- Businesses or partnerships: If you own a business — especially a family business — you need to consider what will happen once you have passed away. Verbal understandings or agreements aren’t enough, and can lead to problems down the road. Our estate lawyers will help to construct a plan and document outlining the future of your business or partnership, whether you pass your rights on to someone else or intend to sell your business or share.
- Superannuation: Trusts, such as your super, sit outside of the confines of your will. This means that it’s crucial to make sure that you consider this when planning your estate. We help you to organise how these will be managed after your death and how they can be used in combination with the rest of your estate planning.
- Tax: With all the hard work you’ve put into accumulating your estate, it’s important to make sure that you get the most out of it. We can help with simple or complex tax affairs.
- Family circumstances: These days, family structures can vary widely. To take care of all your children, surviving spouses and all your loved ones, you’ll need the proper legal tools to make sure that everyone is cared for.
- Life insurance: Whether or not you have life insurance can drastically affect the way that we plan your estate. We can arrange your insurance to be used to pay off any debts for your family or be incorporated as a financial stream.
- Centrelink: If you or a loved one receives Centrelink benefits, we can plan your estate to ensure that any benefits are maximised.
- Foreign beneficiaries: If any of your loved ones or other beneficiaries live overseas, the local taxation laws and other legal matters may impact the distribution of your estate.
An experienced wills and estates lawyer can help you with your estate planning, taking each of these facets and creating a comprehensive plan for the future. Horn Legal can offer expert guidance and advice in managing complex affairs.
Powers of Attorney
As we age, we can lose the ability to — at least in the eyes of the law — manage our own affairs. To ensure that your assets and estate are properly managed in the chance that you do not have the capacity — either physical or mental — to do so yourself, it is crucial that you have someone you trust who can do it for you. This person is known as an Attorney.
In Victorian law, there are three types of Powers of Attorney that can be granted:
- Medical Treatment Decision Maker, who make any decisions regarding your health, wellbeing and any medical care you may require
- Enduring Power of Attorney (Financial), who manages any legal or financial affairs either according to your outlined wishes or in your best interest
- Enduring Power of Attorney (Personal), who make lifestyle decisions such as living arrangements
You can grant one, or all, of these roles to someone you trust. We can help you establish Enduring Powers of Attorney to ensure that —whatever the scenario — your wishes and best interests will always be taken into account.
Probate lawyers Elsternwick
Before an Executor can distribute a person’s assets to their beneficiaries, they will require a grant of probate: a Supreme Court order authenticating wills and granting the Executor authority.
We can assist with grants of probate for simple or complicated cases, letters of administration and help to challenge any grants of probates you wish to stop.
With our lawyers’ advice, we can help your Executor quickly and effectively handle their duties, allowing your loved ones to start the healing process sooner.
Things don’t always go to plan and, with assets like family trusts and family businesses, they can become a little more complicated.
With emotions running high, will disputes are a stressful and difficult experience. Whether you intend to contest wills, remove their executor or question their authenticity, our experienced will lawyers can help mediate the process.
For contested wills and probate lawyers, Horn Legal has the experience and the compassion to help you through any disputes.
Affordable will lawyer Elsternwick families can depend on
For the best legal advice regarding wills, estates and other matters, Horn Legal can help. Get a free consultation regarding your needs for your wills and estate by talking to one of our experts today!
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