Mosman Property and Estate Planning Lawyers Richard Harvey & Associates offers one of the easiest and most cost-effective ways to obtain a will in the Sydney, Mosman and Northern Beaches areas.
- Drafting & updating Trusts, Wills, Powers of Attorney & Guardianship and Advance Health Care Directives.
- Applying for Probate or Letters of Administration (in the event there is no valid will or no living executor).
- Assistance with claims against wills & estates.
- Supreme Court Family Provision claims/defending Family Provision claims and
We always recommend keeping your will up to date as it makes distributing your estate far easier for your beneficiaries in what is already a difficult time.
Letters of Administration
In the some-what complicated event that a valid will has not been left or the appointed executors are unable or unwilling to act, Richard Harvey & Associates can assist you with applying for Letters of Administration to the Supreme Court of NSW. In these circumstances, there is legislation that details how an estate may be distributed and by whom. The Supreme Court can appoint an Administrator to distribute the estate under Chapter 4 of the Succession Act 2006.
Family Provision Actions
If you expected to be a beneficiary of a will and are not or expected to be more fully provided for if a named beneficiary, you can make a claim for provision from the estate under Chapter 3 of the Succession Act 2006, provided you can satisfy eligibility criteria and establish reasons as to why you should be considered for provision from the deceased estate.
Richard Harvey & Associates can help you apply to the Supreme Court of NSW for Probate in instances where there is a valid will and you have been nominated as Executor of that will. The Supreme Court can then grant probate which authorises you to distribute the deceased estate in accordance with the provisions of the will.
Estate Planning, Wills, Powers of Attorney & Enduring Guardians
A Power of Attorney is a legal document whereby one person grants another person the authority to make legal and financial decisions on their behalf. A Power of Attorney can be used in several ways – having another take care of your affairs while you are travelling or in times of extended illness.
An Enduring Power of Attorney takes this a step further, whereby the attorney, who is the person nominated to manage your affairs (also called the “Donee”) may continue to manage your affairs once you (also called the “Donor”) is found to have diminished mental capacity due to injury or illness. This arrangement can remain in place as long as the donor is still alive.
Powers of Attorney can be prepared in two ways – to come into effect immediately and to continue once the donor suffers a loss of capacity, or to come into effect at a future time (such as the onset of mental incapacity).
In order to sign a Power of Attorney, the donor must be capable of understanding the nature and effect of the document they are signing. It is therefore important in situations where an Attorney is to be appointed that it is done in a timely manner.
Appointing an enduring guardian differs from appointing an enduring attorney. An enduring power of attorney deals with a person’s financial affairs whereas an enduring guardian handles personal decisions, such as a person’s living arrangements, their personal services and consenting to or refusing medical/dental treatment.
Arrange a consultation with an experienced solicitor today.