Estate planning
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RLW has the expertise to provide individuals and couples with a full suite of estate planning documents, providing peace of mind in the event of death or incapacity. Whether that is a simple Will and Powers of Attorney, or a more complex Will incorporating testamentary trusts and/or complex assets, RLW has the experience to prepare and advise on all estate planning options.
WILLS
We advise you and prepare your Will, including:
taking instructions from you to provide the right Will for your circumstances
Wills including testamentary trusts and superannuation proceeds trusts
Wills including a special disability trust
understanding complex assets and interests in related entities
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POWERS OF ATTORNEY & APPOINTMENT OF MEDICAL TREATMENT DECISION MAKERS
We assist in the preparation and execution of your Powers of Attorney and Appointment of Medical Treatment Decision Makers, including:
general powers of attorney
enduring Powers of Attorney for financial matters
enduring Powers of Attorney for personal matters
appointment of medical treatment decision makers
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BINDING DEATH BENEFIT NOMINATIONS
If you have superannuation, we assist you to include a binding death benefit nomination in your estate plan by completing:
binding death benefit nominations for industry superannuation funds
binding death benefit nominations (or death benefit agreements) for self-managed superannuation funds
HOW WE HELP
Providing comprehensive estate planning advice and documentation for local and interstate clients.
Ensuring that your assets, and control of any trusts, businesses, and companies pass as intended.
Providing peace of mind, and minimising stress for loved ones in the event of death or loss of capacity.
our track record
estates administration
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RLW assists executors and administrators to obtain a Grant of Representation, and to administer a deceased estate. A Grant of Representation will not be required in all instances but will be required where the deceased held certain assets in their own sole name, for example, real estate, a refundable accommodation deposit (RAD), or bank accounts or shares over certain dollar thresholds.
RLW can help take the stress out of the process at a difficult and emotional time for the family and loved ones.
OBTAINING A GRANT OF REPRESENTATION
We help executors and administrators to obtain a Grant of Representation, which can be either:
a Grant of Probate, where there is a Will
a Grant of Letters of Administration, where there is no Will
a Grant of Letters of Administration with the Will Annexed, where there is a Will but no executor named or no executor willing and able to act
a Limited Grant (some examples include, where an appointed sole executor experiences mental or physical incapacity, or where it is necessary to facilitate legal proceedings against the decease estate)
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ADMINISTERING A DECEASED ESTATE
We help executors and administrators to administer the deceased’s estate by assisting with and facilitating:
redeeming estate assets, like closing bank accounts and/or redeeming a refundable accommodation deposit (RAD)
paying the deceased’s debts, funeral and testamentary expenses
ensuring any specific gifts in a Will are made as directed to the beneficiary or beneficiaries
selling or transferring any real estate in accordance with the terms of the Will (or as per the intestacy provisions)
finalising the tax affairs of the deceased and, if applicable, of the estate
preparing final statements for the beneficiaries
distributing the remaining funds to the beneficiaries in accordance with the Will (or as per the intestacy provisions)
HOW WE HELP
OUR TRACK RECORD
Advising executors and administrators about their powers and obligations when administering a deceased estate
Obtaining Grants of Representation
Assisting executors and administrators to administer and finalise complex estates, including liaising with financial and taxation specialists.
estate litigation
(contested wills)
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RLW’s estate litigation practice encompasses all disputes involving a deceased estate. Disputes involving a deceased estate can be stressful and emotional for all parties involved. Our experienced lawyers can assist you through this often difficult and complex process.
RLW can advise on contesting a Will, or on defending a contested Will in Victoria.
trusts, equity & probate disputes
We advise and represent claimants as well as executors in disputes regarding:
whether a Will is valid
removal of an executor or administrator
claims for equitable interests in property, for example, a constructive trust
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testator’s family maintenance claims (part iv claims)
We advise and represent claimants as well as executors and administrators in disputes regarding:
whether a person is eligible to make a claim
where an eligible person has been left out of a Will, or if they have not been adequately provided for in the Will
defending claims on behalf of the deceased’s estate
how we help
our track record
Achieving private settlements before going to Court
Advising in complex and multi-party estate litigation