PLANNING YOUR FUTURE?

Wills and Powers of Attorney

We can help you to manage your affairs by drafting and preparing a basic Will package which also includes an Enduring General Power of Attorney and Appointment of Medical Treatment Decision-Maker.

Our team at Brown McComish Solicitors of Sharon Colgate and Matt Pitkin will make planning your future a simple and easy process and will ensure that managing your affairs isn’t daunting.

Grants of Probate and Administration of Estates

The team at Brown McComish Solicitors can assist you with the sometimes difficult task of administering the wishes of your deceased loved ones.

Estate administration

Sometimes the value of an estate doesn’t require the Supreme Court to make a Grant of Probate. In these case, the estate had be distributed relatively quickly, once the assets have been collected by the Trustee. However the task can be difficult and complicated, and the requirement to keep adequate records may be overwhelming. In these cases were are more than happy to assist the process to ensure your deceased loved one’s wishes are carried out.

Grants of Probate

In instances where an estate’s value requires a Grant of Probate, the Executor(s) must apply to the Supreme Court of Victoria for a Grant of representation. Upon obtaining the Grant the Executor can collect the assets held by the estate and distribute them in accordance with the will. The Grant of representation ensures that no hurdles will be faced in releasing certain assets, such as real property.

Letters of Administration

In the event that your deceased loved one has passed away without a will, they have died intestate. This usually requires an application to the Supreme Court to appoint an Administrator of the estate through Letters of Administration. Acting similarly to a Grant of Probate, it then allows the Administrator to collect the assets and distribute them.

Depending on your specific circumstances the process may be complex and we are more than happy to assist with the smooth running of your matter to allow you proper room to grieve your loved one care free.

Estate claims for Provision/Further Provision

Threshold Position

The threshold position is freedom of testamentary distribution. That is the will maker has the right to choose the beneficiaries of his/her estate.

Legislation – Part IV Administration and Probate Act

The Court has jurisdiction to order that provision or further provision be made out of the estate of a deceased person for the proper maintenance and support of a person for whom the deceased “had responsibility to make provision”. The legislation lists a number of factors the court must take into account in determining whether provision or further provision should be made to an applicant.

Provision Awarded

If the court determines that an applicant should have received provision or further provision from the deceased it will attempt to make such provision out of the estate as would have been made by a wise and just, rather than a fond and foolish, testator.

Depending on the size of the estate the court will attempt to provide a successful claimant to ensure reasonable accommodation (and if possible to purchase a house) and to provide an amount to leave the applicant with a fund as a measure of security for future expenses and contingencies.

Legal Costs

The estate will often end up paying its own costs and, in many cases, a substantial proportion or all of the claimant’s costs. This can often provide a powerful incentive to resolve claims made against an estate.

WE CARE FOR OUR CLIENTS

Contact our friendly team on (03) 5562 9100