Wills & Estates Lawyers Newcastle

There is no ‘one size fits all’ approach to drafting your Estate Planning documents, and at Baker Love Lawyers we take the time to draft them to the highest possible standard.

Careful and considered preparation of your Estate Planning documents ensures that your intentions are documented accurately, so that if difficult times arise you have peace of mind knowing that your affairs are in order. At Baker Love, we take the time to give you individual service, taking into account how decisions made by you now may impact on you, family members and friends later.

As well as having a valid Last Will and Testament in place, it is also equally as important to consider appointments you can make in the event that you can’t look after yourself. Having a properly prepared and executed Enduring Power of Attorney and Enduring Guardianship is a must to ensure that a nominated person can make legal, medical and housing decisions on your behalf.

For some, the need for a considered approach as to the tax consequences of the succession process is critical. Protecting your assets and ensuring that the best possible structure is in place are at the forefront of our minds. We are highly skilled in the drafting of complex Testamentary Trusts.

We’ll provide you with practical advice and careful drafting of your:

• Will
• Enduring Power of Attorney
• Enduring Guardianship
• Advance Care Directive
• Discretionary Testamentary/Family Trust
• Trust Deed
• Superannuation Trust Deed

Contested Wills

Many people are proactive in relation to their estate planning documents. Often however, and for whatever reason, children or other family members are ‘left out’ of the Will. There may well be a very good reason for the exclusion of a child, but it will not prevent the child commencing proceedings for provision out of an estate. Under the Succession Act 2006 (NSW) an ‘eligible person’ may make a claim against an estate should they have not been adequately provided for.

If a person is eligible, they have the right to seek further provisions from the estate. An eligible person is usually a spouse, de facto spouse or a child, but can be another member of the household who was dependent on the deceased person. If a person is eligible in accordance with the Succession Act, they have the right to seek from a Court an order for further provision from the deceased person’s estate if they can prove they have not been provided for adequately. The order can result in the eligible person becoming entitled to a part of the estate (even if they were not included in the Will) or receiving a larger share of the estate assets than they were given in the Will.

There are a number of issues that a Court has to consider when deciding whether to make any such order, ranging from the nature of the relationship with the deceased person to the character and conduct of the person making the application.

We understand that this can be a highly emotionally charged situation.

Baker Love Lawyers has acted in many Contested Wills matters, on behalf of executors of deceased estates and for excluded beneficiaries. We have an experienced and professional team to manage your matter in a proficient and pragmatic way, whilst still remembering that the dispute usually involves family members and may be a highly emotionally-charged situation.

We provide just the right balance between being supportive where required, and assertive when it comes to enforcing your rights. At all times, we ensure that your legal interests are protected to the fullest extent.

Probate

We have many years of experience in dealing with all aspects of Probate and deceased estates. We understand that seeing a lawyer can be a daunting experience during such a difficult time, and we aim to make the process as simple and convenient as possible.

The Executor of a Will must comply with various laws and rules that govern the administration of a deceased estate. We provide advice every step of the way, ensuring that the Executor understands their responsibilities in relation to looking after the deceased person’s assets. We explain in simple terms the role of the Executor, their responsibility to manage the estate within the terms of the Will, and protect the estate’s assets. We can help you carry out your duties and guide you through the process.

If you are the Executor of a deceased person’s Will, your duties can range from organising the funeral and locating the Will, to managing accounts and lodging tax returns.

Baker Love Lawyers can help you carry out your duties in a timely manner, providing peace of mind to you and any beneficiaries.

If you’re in a situation where a deceased person has not left a Will, we can guide you through the process of administering the estate according to Australian intestacy law.

The entire process is carried out with minimal inconvenience and worry on your part and maximum involvement on our part, so that you receive an uncomplicated and stress-free service. Our lawyers’ experience ranges from dealing with relatively simple estates, to exceedingly complex matters requiring a high level of skill and knowledge.

You can be assured that you will receive highly professional, efficient and accurate service when teaming with Baker Love Lawyers.