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.

Your Wills + Estate Planning Legal Team

Harry Papadopoulos

Principal

Josephine Muscolino

Principal and Notary Public

Catherine Young

Partner

Celine Bacha

Solicitor

Call to speak with a CMM Quay Legal Group representative and together, we will work through any questions or concerns you may have

Give us a call on 02 9221 4244 or complete the form below and we’ll get back to you shortly