Wills & Estates

Wills

To make life easier for those left behind and to make sure your hard-earned assets go to those you choose, it is essential to make a well drawn Will. It is particularly important to make a Will if you have a family or other dependants.

A Will need not be a complex document but there are formalities to be complied with in the way it is prepared and signed and it is wise to have your Sewells Larkins McCarthy lawyer prepare it. Only a lawyer is qualified to advise on the legal and equitable principles concerning the law of Wills.

You need to think carefully about who should be your executors and make sure that they are agreeable to take on the job. If you have infant children then you should ask those you wish to be guardians if they will be happy to accept that position.

If you or your spouse have significant assets or are engaged in an occupation with financial risk then a Will incorporating a Trust may be appropriate.

Your choice of executors and guardians may need to be reviewed at regular intervals. Separation from your husband or wife does not invalidate your Will but it is wise to see us immediately if this occurs. Divorce only invalidates your Will to the extent of canceling any benefit in favor of the other divorced party.

As part of our service we will keep our clients Wills for safe keeping in our strongroom. This is a free service that we offer our clients. At the same time we recommend to our clients that they advise their Executors as to the whereabouts of their Wills. We will also give our clients a full copy of their signed Will to keep in their personal records.

Powers of Attorney

The best time to put in place a Power of Attorney is before you actually need it. There are many issues involved in appointing an attorney including who should be my attorney, if there is more than one person should they act together or individually, is it to be effective now or at a later date, do you want to set any limitations on your attorney? Attorneys can be appointed for financial matters and also for medical treatment and lifestyle matters.

Probate

Probate is the document issued by the Supreme Court confirming the validity of a Will and empowering the Executors named in the Will to carry out the wishes of the Willmaker. Sewells Larkins McCarthy lawyers have assisted hundreds of Executors through the process of obtaining Probate, advising them as to their responsibilities and duties as Executors, collecting the assets in the Estate and distributing them according to the Will.

Our procedures have been designed to enable the Probate application and administration of the Estate to proceed as quickly and as smoothly as possible, thereby eliminating a source of stress from the family at what can be a difficult time. Generally speaking most small Estates are able to be finalised in about three months from the date when we are first contacted by the Executor although, for legal reasons, it may be desirable to leave the finalisation of the Estate until six months after the Grant of Probate.

When you call to see us we will need from you all the information that you have regarding the affairs of the person who has died, such as any real estate owned by them, debts they may owe, bank accounts, investments and shares held. If you have received the funeral account from the funeral director, payment of it can be arranged from the bank account of the deceased.

When there is not a Will then the application to the Supreme Court is for what is called "Letters of Administration". The Wills Act or the Administration and Probate Act specifies who is eligible to apply to administer the Estate and specifies who will inherit in this circumstance.

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