Wills & Estates

Wills and
Estate Planning

We can work with you to create:

  • Wills
  • Testamentary Trust (Discretionary Trust) Wills
  • Powers of Attorney
  • Medical Treatment Decision Maker appointments
  • Memorandums of Wishes
  • Statements of Intention
  • Binding Death Benefit Nominations
  • Codicils

A Will provides you with the opportunity to have your estate distributed according to your intentions and wishes. We can advise you on the important considerations that go into making a Will, including your moral obligations to particular persons, guardians for minor children, specific and general gifts, charitable bequests and tax considerations.

Testamentary Trust Explained

A testamentary trust Will can provide your beneficiaries with considerable asset protection and tax effectiveness.

Additionally, in circumstances where you may have young children, dependents with disabilities or children with drug and alcohol problems, a testamentary trust Will can provide for an independent trustee to manage the assets left for those beneficiaries in your Will.

A memorandum of wishes often accompanies a testamentary trust Will, whereby you set out your wishes for how the trusts should be managed having regard to the principal beneficiaries particular needs. The memorandum of wishes also directs the trustee towards particular conduct you would encourage and provides insight to the trustee about why you have chosen this particular structure.

Powers of Attorney

The Office of the Public Advocate defines Powers of Attorney as legal documents that let you appoint someone to make certain decisions for you, or support you in making and giving effect to your decisions.

Power of Attorney documents can be either enduring (it continues until your death) or non-enduring (for a specified time e.g. while overseas).

Powers of Attorney are made for financial and/or personal matters.

A Medical Treatment Decision Maker appointment provides for the appointment of someone to make medical decisions on your behalf, in the event that you do not have capacity to make the decision yourself.

There are also supportive attorney appointments for when the principal is able to make some decisions provided they have the support to do so and to act on their decisions.

Enduring Powers of Attorney appointments can be revoked at any time if you have the decision-making capacity to do so.

Grants of Probate or Letters of Administration

We can assist you in the preparation of applications to obtain a Grant of Probate (when there is a Will) or a Grant of Letters of Administration (when there is no Will).

There are a number of considerations and enquiries to be made when making an application for a Grant and in administering an estate, including advertisements, contacting witnesses and beneficiaries, collecting assets, paying debts, posting a Notice to Creditors, preparing tax returns and distributing per the testator’s wishes.

Estate Litigation and Administration

Claims for further provision from an estate and challenges to the validity of a Will are common applications in Estate Litigation. There are limits to the time allowed to make such claims and accordingly these matters need to be dealt with promptly.

Learn More

Testamentary Capacity and Undue Influence

by Bronwyn Gunning

With Australias elderly population on the rise due to the wonders of modern medicine, general improved living standards and the ageing baby boomer generation Read More

New Developments In The Law For Claims Against Estates

by Louise Date

The manner in which a person chooses to leave their assets upon death can have widespread ramifications for surviving family members Read More

Why Do You Need a Will?

by Carew Counsel

A will is your opportunity to provide for your partner, children, extended family and others including friends and charities in the manner and proportions that you wish and intend.Read More

Contact Us Today

At Carew Counsel we understand that selecting the right legal representation is an important decision.

Contact us today and discover how we can assist with your circumstances.