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Wills & Estates

Guiding you for peace of mind.

Having a will in place is one of the most important steps you can take to protect your loved ones and ensure your wishes are honored.

Wills, Powers of Attorney & related documents

What would happen to your family, if something happened to you suddenly.

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At TBA Law, we believe a well-prepared Will is the best way to protect your loved ones and prevent disputes. Unlike some firms that profit from estate battles, we focus on getting it right from the start. We take the time to understand your wishes, explain important legal issues to you, draft a legally sound will, and ensure its proper execution.

For added peace of mind, we also offer secure storage at no extra charge. We will also advise you of the importance of other related documents including enduring powers of attorney and health care directives.

Wills Checklist

Download our checklist of things you need to consider before starting a will.

Download Wills Checklist

Estate Planning

TBA Law can assist you.

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What does the term Estate Planning mean?
It simply means managing your personal affairs.

It has been stated that there are 5 key steps of managing your personal affairs. They are:

  1. Make a will (to determine how your assets are distributed when you pass)
  2. Appoint Attorneys (via an Enduring Power of Attorney, in case of your future incapacity)
  3. Advance Care Planning (outlining your wishes regarding medical treatment and end-of-life care)
  4. Binding Nominations (advising the trustee of your superannuation and life insurance policies as to who is to obtain these funds upon your passing)
  5. Document Organisation (keeping copies of essential documents in a safe and accessible place, giving consideration to a digital vault).

 

Within these 5 key steps, there are a variety of issues to consider (so far as estate planning is concerned) depending on the complexity of your assets and/or your family
dynamics including:

  • newly married couples or those separating and/or divorcing
  • blended families
  • asset protection
  • changes in your assets and/or liabilities
  • consideration of retirement income streams and access to government benefits
  • changes to superannuation, insurance policies, or taxation levels
  • succession plans especially where business or farm ownership exists.
  • the growth or sale of a business, and
  • the passing of a family member.

 

Obtaining the right to administer an Estate

Before an executor of a will can deal with the Estate a grant of probate needs to be obtained. This is quite complex and involves the appropriate documents being submitted
to the Supreme Court. As an executor you can appoint TBA Law as your solicitor to do this for you.

If there is no will the deceased’s next of kin will need to apply for Letters of Administration which provides the power to deal with and administer the Estate.
TBA Law has extensive experience in obtaining grants of probate or letters of administration for its clients.

Most such applications are reasonably straight forward but the following complex issues can arise:

  • Incorrect execution of the will
  • Questions of testamentary capacity of the deceased
  • A lost will
  • Challenges to entitlements under the will.

Estate Administration

TBA Law can assist you.

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Dealing with a deceased estate, is one of the more difficult challenges in life. From mountains of paperwork to legal jargon and simmering family disputes, these are the last things you want to deal with when you’re grieving the loss of someone important to you.

Let TBA Law help with:

  • identifying estate assets and liabilities
  • obtaining valuations of estate property
  • collecting estate assets, and selling or transferring estate property
  • paying estate debts
  • advising about the operation of testamentary trusts
  • administering trust funds
  • distributing bequests and inheritances