wills & estates FAQs

Frequently Asked Questions

Have more questions before booking? Here are some of the most common questions new clients ask.

Can you draft a new will for me?

Yes. We can prepare simple or complex wills (such as one with a testamentary trust or dealing with the transfer of a business or farming property) ensuring they’re legally valid and expertly reflect your wishes.

Can you help me review my existing will?

Of course. We’ll review your will for compliance, completeness and to make sure that it meets all your wishes. We can explain whether updates are needed based on your circumstances or changes in the law.

Can you help me apply for probate?

Absolutely. If you are the executor, we can guide you through any step – from preparing the application to understanding estate administration and distribution obligations. We can also handle any part of the process on your behalf, including lodging the application through to dealing with banks and third parties.

Someone I know died without a will. Can you help?

Certainly. When someone dies without a will, they are said to have died ‘intestate’, and the process is then for the next of kin to apply for a grant of Letters of Administration. This is similar to a grant of probate but exists where there is no will.

We can assist you to make the application and file it, and can provide guidance about getting started on estate administration, or even manage the estate administration process on your behalf.

Do you provide advice on substituted decision making documents like powers of attorney, appointments of enduring guardians and appointments of medical treatment decision-makers?

Yes. We can draft documents appointing someone to make decisions on your behalf if you lose capacity, ensuring your affairs are managed according to your wishes.

Do you offer ongoing estate management services?

Yes – mostly. While we offer a range of services to support executors or administrators to manage an estate themselves, we are also able to offer full estate administration services. We can take over all communication with third parties and beneficiaries, and prepare all relevant estate administration documents.

We do, however, prefer that executors or administrators manage an estate bank account (which we will help you set up) which they can then monitor for funds coming into the account. We prefer this model because it means that the executor/administrator retains better control over the matter and is aware of what is happening at all times, rather than hiding the estate funds within a law practice trust account.

We still provide full assistance in calculating the final distribution and can even prepare a distribution letter with bank details for the executor/administrator to take into the bank to have the bank action.

By choosing how involved you want us to be, you’re able to better control costs and oversee the conduct of your matter, keeping you fully informed and in charge throughout.

Can you tell me what my next legal step should be?

That’s exactly what our initial consultation is designed for. We’ll assess where you’re up to, identify key legal issues and outline your next practical steps so you can move forward confidently.

Ready to start?