Wills & Estate Planning

Wills, Estate Planning, & Probate Law in Batemans Bay, Moruya, & Sydney

Wills

Power of attorney

enduring guardianship

Legal Wills

As we live longer, it becomes more and more vital that we have a succession plan. We are experts in the legal requirements of will preparation and will continue to support you as your circumstances change. Our specialist knowledge provides our clients with sound legal advice and addresses all concerns. We will assist you in your estate planning needs and will be there for you to ensure that your estate planning changes with you. We can provide the following services:

  • Drafting Wills
  • Ensuring Your Will is Valid
  • Clearly Expressing Your Wishes
  • Advising of Provisions for All Family Members
  • Testamentary Trusts

Powers of Attorney

A power of attorney (POA) is a legal document in which you appoint a person or trustee organisation of your choice to manage your assets and financial affairs while you are alive. It enables your financial affairs to be managed according to your wishes when you do not want to manage them yourself or are unable to – such as when you are ill, travelling or simply do not wish to be burdened with the day-to-day management of your financial affairs. Our team will be able to advise you about your unique situation and prepare the power of attorney document accordingly.

General Power Of Attorney

This is only valid while you are of sound mind and able to make decisions about your affairs. Should the situation arise where you are no longer sound of mind (for example, following an accident or injury), the POA is automatically cancelled. This type of document is often used by persons travelling overseas for a designated period and who require their assets to be managed or their bills paid.

  • Enduring Guardianship — Sydney NSW — Fleming Law

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Enduring Power Of Attorney

This will continue to have effect after you have lost your capacity to self-manage. This is important for everyone, but particularly for elderly people.

Enduring Guardianships

While it is difficult to imagine a time when you might be unable to make your own personal decisions, planning ahead by appointing an enduring guardian can mean peace of mind for you and your family. An enduring guardian can legally make decisions on your behalf if you are unable to do so. The team at Fleming Law can help you pick a suitable enduring guardian.

ESTATES

Probate & Estate Administration

Probate is a legal process that takes place after someone’s death. Probate ensures that a will is genuine, valid, and gives the executors the power to administer the deceased person’s estate. The deceased person’s property will be identified and appraised, outstanding debts and taxes will be determined, and the property will be distributed as per the will.

Letters Of Administration

A grant Letters of Administration is a legal document which is issued by the court in cases where a person has died without leaving a will (died intestate). A grant of Letters of Administration may also occur in cases where the deceased has left a will but has not named an executor or the named executor is unwilling or unable to take on the responsibility of managing the estate. We can assist you in applying for a grant of letters of administration.

CONTESTED ESTATES

FPA/Contesting a Will/Will dispute

Disputing a Will

If you have been left out of a will and believe you are eligible to receive a share of the deceased person’s assets, our lawyers are here to help you through the complex and often distressing process of disputing a will. Most people who possess assets at the time of their death will have executed a testamentary document (a will) setting out their wishes for how those assets are to be distributed. In some cases, people who have been left out of a will or who believe they should have received a bigger share of a deceased person’s assets may be entitled to bring a claim against the deceased’s estate under the Succession Act 2006 (NSW). Similar legislation exists in other states.


We will be able to assist you in contesting or defending a will.


Allow Fleming Law to Help Plan for Your Future

If you or a loved one are looking for some assistance in planning for the future, then contact us today. Fleming Law can take the hassle and stress out of this often stressful and complicated task. 

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