Wills + Estate Planning

Provide certainty for now and the future. Estate planning involves more than just preparing a will; it includes putting in writing what happens while you are alive.
Consider if you are in hospital, travelling or just need someone to do things on your behalf, for instance, handle your banking. Without proper written appointments, service providers may not speak to anyone but you.

What then?

Estate planning ensures this will not happen.

By discussing your individual circumstances, advising you carefully and compassionately, and preparing the right documents for you, CMM Quay Legal Group can help you plan for life’s twists and turns.

Let us protect you and your estate today.

Wills

A poorly written or incorrectly signed will may be invalid.

A will is an important legal document that outlines who you wish to inherit your estate, care for your children and give other directions. It will let you choose an executor, who is simply someone to action your wishes when you pass away.

With a properly signed and executed will in place, there is less chance for family disagreements over inheritance.

A proper will is essential so that:

Your intentions are clear
Necessary steps after death are simpler and cheaper
The risk of a will being contested is reduced
Tax benefits can be improved
Your assets can be protected
Special needs can be catered for
Legally defined terms, such as “in equal shares” are used correctly

Enduring Power of Attorney + Enduring Guardianship Appointment

(Including Advance Care Directives and “living wills”)

We recommend that all adults, regardless of age, prepare an Enduring Power of Attorney and Enduring Guardianship Appointment. This enables your chosen, trusted people to have the ability to help you in times of need.

Powers of Attorney and Guardianship Appointments are powerful documents, but drafted carefully with directions and limitations, they provide you with protection and assist others to know what you want.

Deceased Estates

When a loved one dies, the duties that come with such an emotionally draining event can be overwhelming. Let CMM Quay Legal Group guide you through the process, step by step, allowing you to take the time to properly grieve.

An estate of a person comprises all their assets including real estate and personal property that will be distributed according to their will when they pass away.

An executor is the person named in the will who is responsible for acting in accordance with the will and ensuring the estate is distributed properly. In certain circumstances, an executor may need to follow different protocols or prove they are authorised to act on behalf of the estate. This could include applying for probate.

Probate is a document issued by the Supreme Court of NSW that confirms the will of the deceased is valid. Probate isn’t always required, but may be if the estate includes:

Solely-owned property or a specific share of real estate
Solely-owned bank accounts
Shares
Circumstances where there is a nursing home bond to be refunded

CMM Quay Legal Group will explain your duties and responsibilities when dealing with a deceased estate, lifting some of the weight off your shoulders and allowing you more time to process what has happened, make arrangements and grieve.

Reach out to our team by calling 02 9221 4244 or start the process on your own by filling in the form below to receive your free Deceased Estate checklist.

Estate Disputes

Is the will valid?

Fraud, lack of mental capacity at the time of signing the will, or undue influence put on the deceased could make a will invalid. Disputes may arise through invalidity of the will or family provisions claims.

Have you been left out of a will?

A family provisions claim should be made within 12 months of the date of death of the deceased person. These claims happen when a person feels they have not been adequately provided for in a will.

You could be eligible to make a claim if you are:

A family member left out of the will
A person who was dependant on the deceased
An ex-partner or child from previous marriages or de facto relationships

The court may consider different aspects of the claim, such as the person’s relationship with the deceased, their financial position and the size of the estate.

Has someone made a claim on the estate?

It is an executor’s duty to uphold the terms of the will. This may mean having to defend a claim against the estate. CMM Quay Legal Group is adept in defending such claims, working closely with our executor clients to:

Establish the claimant’s eligibility
Determine if there are proper grounds for a claim
Simplify the court procedures

When confronted with a person making a claim on the estate, CMM Quay Legal Group will support you, so you can focus on the many other executor duties and responsibilities.

Estate disputes are complex processes which can be emotionally draining. Having a trusted and experienced legal firm on your side throughout matters such as these can reduce stress and improve confidence during the resolution process.