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Wills & Estate Planning

At Les Keady Legal, we are able to offer a range of service that Will offer a peace of mind at a difficult time. These services include preparation of simple and complex wills, setting up trusts, appointing power of attorneys and enduring guardians.

When a person dies, all of the assets are referred to as person’s estate.

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Estate planning is a strategy used to assure that your assets will reach the nominated individuals or beneficiaries, in an appropriate and efficient way.

Careful and thorough estate planning is associated with recognition for potential tax implications, setting up trusts, superannuation interests and ensuring that your needs and future beneficiaries’ needs are met. This may involve setting up a family trust, testamentary trust in your Will to ensure your assets are preserved for claims.

Testamentary trust refers to a trust that is established under a Will but it does not come into effect until after the death of the person making the Will.

A Will is a legal document which directs how your assets should be dealt with after your death. The Will may also appoint an individual to be a guardian of your dependants. If you are making the Will, you are referred to then as the ‘testator’.

Wills generally name someone as the executor. The executor’s role is to comply with laws that govern the administration of estates to carry out the wishes of the person after they die within the terms of the Will.

For a Will to be valid, it must be in writing, handwritten or typed and printed, signed by the testator, and witnessed by two individuals. At least two witnesses confirm and sign the Will in front of the testator.

At Les Keady Legal, we are able to assist you in preparation of a Will. We will require comprehensive information to ensure that your wishes are maintained in regards to your property and assets. It is our duty to ensure that your wishes are executed properly and effectively.

We ask that you provide information on the following: your details, previous wills, family members, dependants, conditions on receiving the will, beneficiaries, debts and liabilities as well as your assets. Assets may include: real estate such as: house, unit, land; vehicles, boat, shares, cash, superannuation funds, investments, businesses, art, jewellery and any other items of value.

If you do not have a Will and you die, you are said to have died intestate.

If you do not have a valid Will and you die, then your assets may be allocated in a way that you did not want or intended. Your children could even be allocated to a guardian chosen a government agency. It is important that you understand, that your intentions are not valid and unless it is properly documented, then your assets are distributed as per standard formula.

Only a court can determine whether your Will is valid by granting probate or confirmation. A probate is a court order saying that the Will is valid, meaning that it meets the legal requirements, and allowing the executor to administer the estate. The whole process of administering an estate commonly takes at least a year. If your Will is found to be not valid, than your assets are allocated as if you were intestate.

The south Sydney team at Les Keady Legal strive to assist you with Will preparation to avoid potential problems from using basic templates for a Will and estate planning.

A Will should also be updated when you: marry, divorce, have children, gain or lose assets, when a family member dies, when the nominated guardian or executor can no longer fulfil their roles, or when tax laws change.

At our south Sydney based legal team can provide you with the following service:

  • Will preparation to ensure that your Will is valid and kept safe
  • Estate planning
  • Estates of the deceased without a will
  • Ensure that your wishes are documented accurately in your Will
  • Contested and challenging Wills
  • Applying for Grant of Probate
  • Probate litigation
  • Appointing Enduring Guardian (to look after your medical care)
  • Power of Attorney (to look after your finances)
  • Provide advice on any responsibilities under the Family Provision Act, for those who may have legal obligations to prevent potential challenges in the future
  • Advise on tax implications upon sale of any items
  • Provide advice and guidance for choosing an executor for your Will
  • Assist the executor in administration of the estate
  • Represent beneficiaries or executors
  • Representing people left out of a Will or defending a Will

Our team at Les Keady Legal is able to provide advice to ensure the circumstances are fair and definite in regards to your estate to make decisions easier. We will provide you with the best options for your situation to prevent potential family disputes. We provide a mobile service and are based at Sans Souci, about 20 km south of Sydney CBD.