Wills & Estates

With a key focus on succession law, principal Melanie Palmer has built a career helping families and individuals in the Southern Highlands and Inner West with a range of estate matters. From simple wills to complex estate planning, probate applications, and contested estates, Palmer Legal offers a wealth of experience.

Estate Planning

We’ll guide you through the estate planning process step-by-step to create a plan tailored to your unique needs and wishes.

Wills

Whether your circumstances are simple or complex, a well-drafted Will is the cornerstone of any estate plan. An effective Will ensures your wishes are respected and your assets are distributed as you intend. It helps minimise future disputes and protects beneficiaries, particularly those who are vulnerable.

Enduring Powers of Attorney & Guardians

An Enduring Power of Attorney lets you appoint someone you trust to manage your financial and legal affairs if you are unable to do so. An Appointment of Enduring Guardian allows you to choose who will make certain decisions about your health and lifestyle if you are incapacitated.

These documents help to ensure your wishes are respected during your lifetime. They can bring peace of mind but require careful consideration. We will explain the different options for structuring your enduring power of attorney and guardian documents so you can make an informed decision.

Administering a Deceased Estate

Administering the estate of a loved one who has recently passed can be emotionally challenging and legally complex. We can help you navigate the legal process of finalising the estate, allowing you to focus on what matters most.

What is Probate?

Before administering an estate, an executor will often need a grant of probate from the Supreme Court. Probate ‘proves’ the Will of the deceased person and authorises the executor to deal with the estate assets and distribute them according to the Will. We can prepare the application for probate and supporting documents, and file them with the court on your behalf.

What are Letters of Administration?

When someone dies without a valid Will, they die ‘intestate’. In such cases, the Supreme Court can grant letters of administration to a person (usually the next of kin or other family member), giving them the legal authority to manage the deceased’s estate.

Without a Will, there is no clear direction regarding the beneficiaries of the estate, and the assets, therefore, are distributed according to a legislative formula.

Dealing with an intestate estate can be particularly challenging for a grieving family, but we can help during this difficult time. We can prepare the court documents and ensure the estate is managed and distributed in accordance with intestacy laws.

What is Estate Administration?

• Estate administration is the process of looking after the affairs of a deceased person and finalising them according to the Will and/or laws of intestacy. It involves various tasks, including:
• Identifying and securing the deceased’s assets
• Applying for Probate / Letters of Administration
• Notifying key agencies of the death
• Advertising for creditors
• Collecting assets
• Paying estate debts
• Transferring or selling assets
• Distributing property to beneficiaries
• Attending to taxation matters

We can manage the entire process of estate administration, from recovering assets to distributing them to the beneficiaries, and finalising the estate.

Estate Disputes

Our expertise in estate disputes includes family provision claims, Will challenges, elder abuse, and determining capacity.

With a focus on negotiation rather than litigation, we aim to provide efficient, cost-effective solutions that keep you out of the courtroom wherever possible. If litigation is necessary, rest assured that we are skilled and capable advocates and can provide strong representation in court.

Challenging the Validity of a Will

A challenge to a Will based on testamentary capacity questions the deceased’s mental competence to understand the nature and consequences of making a Will when it is created. A Will may also be challenged if there is evidence of undue influence or pressure on the deceased to change its terms, or simply a failure to comply with the required legal formalities during the will-making process.

What is a Family Provision Claim?

An eligible person who has been left out of a Will or not adequately provided for by a deceased person may make a family provision claim. Eligible persons typically include spouses, former spouses, de facto partners, children of the deceased, or certain individuals who were in a close personal relationship with the deceased or dependent on the deceased at their death.

If you believe you have not been adequately provided for, we can review your circumstances to determine whether you are eligible to make a family provision claim. Strict timeframes apply and, to be successful, you must show that the deceased person failed to make adequate provision for your proper maintenance, education, and advancement in life. Various factors are considered, and many claims settle without going to court.

Let Us Help You Protect What Matters Most

Whether you’re planning for your future, administering the estate of a loved one, or facing a dispute, we can provide clear, compassionate advice to ensure your needs and concerns are comprehensively addressed.

Email [email protected] or call 02 4869 1392.