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| Will & Estate PlanningPlanning for your family’s future after you are gone is an important but often confronting task. If you take the time now to make an effective legally binding Will and Testament you can save your family not only stress but complications and minimise the possibility of an unnecessary dispute in the future. We can assist you in your estate planning as a way of building wealth during your working life, have sufficient funds for a comfortable retirement and ensuring that your assets are ultimately distributed exactly as you wish to your family members and other beneficiaries. A proper estate plan will give you the peace of mind that you are properly looked after should you become incapacitated and your loved ones are properly looked after upon your death. Preparing a Will is the first step to ensure that your wishes for the distribution of your assets are carried out. People often underestimate the importance of having a valid will. If you pass away without a will, then ultimately your wishes of how you wish to distribute your estate cannot happen as there are laws in place that clearly set out how a person's estate will be distributed if they die instate. Commisso & Associates can:
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Wills
| It is important to have a legal Will so that your Estate (your belongings, assets and finances) go to the people you want to have them when you pass away. For a Will to be valid and legally binding, it needs to meet a number of certain conditions. Your Will needs to be in writing. Every page must be signed by you and at two witnesses, who are all present and sign at the same time. The witnesses cannot be beneficiaries named in the will. It is a good idea to regularly review your Will to ensure that it adequately addresses any change in your circumstances including the birth of children, marriage or divorce. | You should make or update your Will to ensure that:
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Deceased Estates
We understand that losing a family member can be quite emotional and difficult. Most people will not know what is required to finalise the estate of the deceased, which can be a difficult process. The amount of work required will depend on the nature of the assets in the estate, whether the deceased left a will or died without a will called intestacy.
We have the capacity to handle all small and large estates and do this on a regular basis. If you are an executor or administrator of an estate, it is important to ensure that the estate is administered properly and in accordance with the law, otherwise you could be held personally liable for any loss suffered by the beneficiaries.
Contesting a Will
We can advise you on your rights if you have been left out of a will or you wish to contest a will. A will may be challenged or contested in circumstances where amongst other things, the deceased failed to make adequate provision by way of a family provision claim, for particular categories of people, such as a family member or other person with a “special relationship”.
We have successfully acted for people who fall into a particular category in family provisions claims. We have also acted for the executors of the estate defending such proceedings.
We will give you an early assessment of the merits of your case if the relevant facts are available and outline your prospects of success or risks if you want to pursue your claim.
Contact us to make an appointment or to make an inquiry.