Wills and Powers of Attorney
We understand the importance of planning for your future.
We understand the diversity of a ‘family unit’ and that each client has its own specific needs. We provide advice in the areas Wills, Estates and Probate tailored to your specific needs.
We are able to assist you with:
Wills and Estates:
- Drafting both simple and complex Wills;
- Providing all necessary advice for the making of Wills and estate planning; and
- Rickards Legal acting as executors, trustees and administrators for deceased estates in lieu of family members and trustee companies.
Powers of Attorney:
- Advising and drafting powers of Attorney including financial, medical and enduring powers of attorney.
- Strategic Advice on use and operation of trusts, including tax and duty concessions;
- Wills with life interests, protective trusts and special disability trusts or flexible testamentary trusts;
- Advice regarding the establishment and use of testamentary trusts post death; and
- Special purpose trusts.
Structuring advice, including:
- Asset protection advice relating to Wills and estates regarding relationship breakdown or potential bankruptcy; and
- Tax and stamp duty advice relating to Wills and estates.
Will and Estate Disputes
An executor of a deceased estate has a duty to ensure that the estate assets are collected, preserved and properly maintained on behalf of the beneficiaries before being distributed to estate beneficiaries. The process of administration of a deceased estate can involve both simple and complicated legal transactions.
Rickards Legal is able to advise and assist you in the administration of deceased estates.
- Applying for grants of representation including probate and letters of administration;
- Administration of estate to “call in” the assets of the estate and pay estate liabilities;
- Distribution of estates to Will beneficiaries and ensuring compliance with Will provisions and legal requirements; and
- Executor’s commission issues including advice to executors and beneficiaries regarding executors’ commission.
Estate and Will Disputes
- Acting on behalf of an executor of an estate in relation to a challenge to a Will or Will dispute by a beneficiary included in a Will;
- Acting on behalf of a potential beneficiary who has been left out of a Will or seeks further provision from an estate;
The above two points are commonly known as Part IV Applications under Section 91 of the Administration and Probate Act 1958;
- Lodging a caveat to stop an executor obtaining a grant of probate where there is concern about whether the Will is valid and Will challenges arising from such matters; and
- All other Will and estate issues.