Planning for your family’s future after you have died is a really important legal task.
DCA Lawyers can help you as follows:
- Advise you in regard to Estate and Probate laws;
- Write a Will that maximises the inheritance for your family and acts in the manner that you intend;
- Advise you in regard to choosing executors and guardians;
- Advise you about appropriate strategies when drafting your Will to deal with family issues such as second marriages, blended families, difficult in-laws and family members who have financial difficulties, or physical or psychological disabilities
- Minimise the chance that your Will is contested and subject to litigation; and
- Safely store your Will and other important legal documents.
Our legal fees for preparing Wills and Spousal Wills are generally fixed-fee.
Powers of Attorney
Powers of Attorney allow you to appoint person/s whom you trust to act and make decisions on your behalf in respect of financial matters.
DCA Lawyers can help you with Powers of Attorney. The most common types of Powers of Attorney in Victoria are:
- A General Power of Attorney where you appoint someone to make financial and legal decisions on your behalf. This type of power of attorney ceases to have any effect if you become incapable. This type of power of attorney is often limited by a specific time period and/or purpose. For example, if you are going overseas and need someone to manage your financial affairs whilst you are away or to sign an auction contract on your behalf.
- An Enduring Power of Attorney is used to appoint someone to make legal and financial decisions for you. This can operate from the date you sign it or some other date you advise or it can be limited to commencing operation only in the event that you lose the capacity to make your own decisions.
Appointment of Medical Treatment Decision Maker (AMTDM)
What were previously known as Enduring Powers of Attorney (Medical) are now referred to as an AMTDM. This power is used to appoint someone to make medical treatment decisions on your behalf if you are unable to make such decision yourself.
Probate and Letters of Administration
As your lawyer, our role is to make sure you do not have to stress over the legal side of a deceased estate. We assist clients by making sure all estates are administered professionally, carefully and swiftly.
We can be trusted to provide you with a caring approach while processing all matters concerning the administration of estates in an expeditious and cost effective manner. If probate is needed, we can obtain a Grant of Probate. If there is no Will, Letters of Administration can be obtained. If a Will is challenged, then we can conduct any court litigation which might ensue, either protecting the executors and beneficiaries or representing the person who is seeking a share of the estate.
We can assist by:
- Advising and interpreting the Will of the deceased;
- Advising executors or administrators in regard to their obligations and rights;
- Informing the relevant government bodies and financial institutions;
- Applying for Probate of the Will or Letters of Administration (if the Will is deemed invalid or there is no Will) in the Supreme Court;
- Obtaining valuations of Estate property;
- Collecting Estate assets including: monies in the bank and shares;
- Distributing bequests and inheritances to beneficiaries; and
- Selling or transferring Estate property