Wills, Probate & Estate Law

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When a person dies, they leave behind property, assets and debts that need to be managed and finalised.   This is referred to as a deceased person's 'estate'. 

Where a valid will exists, the estate will usually be finalised by the executor named in the will. 

If there is no valid will then the deceased's closest next of kin will usually be responsible for finalising the estate and may be appointed administrator of the estate.

The executor or administrator must make sure any debts are paid and that any remaining assets are distributed according to the deceased's wishes (where there is a will) or the laws of intestacy (where there is no will). 

This is often an emotionally charged time for families, and disputes can result in some cases, which often leads to a division of family members.

Aberdeen Lawyers have expert lawyers trained in Wills, Probate and Estate law that can help executors or administrators navigate through the maze of complex laws and procedures needed to finalise an estate, minimising costs and leaving your family intact.

We can also assist certain people to challenge wills in circumstances where they have been left out by an estranged family member. 

We can also draft family provision agreements, when all the beneficiaries under a will agree to a different division of assets then was provided for under the will.

WILLS

Having a valid will in place, will mean that the assets you have worked your entire life to accumulate will be left to the right people.  If a will is improperly prepared, it can be deemed to be invalid and will be disregarded.  Protect your family and loved ones by investing in a properly prepared will.

POWER OF ATTORNEY

A power of attorney is a document authorising trusted person to take over your financial and/or medical affairs if you are mentally incapacitated, or too unwell to make your own decisions.   It cannot operate while you are healthy unless this is what you want.  An example may be if you are too ill to leave your home but need someone to access your bank accounts to pay bills.

DEED OF FAMILY ARRANGEMENTS

Even if there is a will in place, if all beneficiaries agree that the will was unfair or that they would prefer a different distribution, they can agree on a different distribution through a deed of family arrangement.

PROBATE

Dealing with the procedures and paperwork that is required to transfer assets from a deceased’s estate to the beneficiaries is a complex minefield, made more difficult by grief and family disagreements.  Aberdeen Lawyers can attend to all probate matters on your behalf so that the process is handled correctly and reduces the potential for stress and conflict.

ESTATE PLANNING

Estate planning allows you to prepare for what happens to your estate when you pass away.  If you own anything of value or if you have dependents who need to be cared for if you were to pass unexpectedly, you should have an estate plan.  Estate planning is particularly important for business owners or people who have assets other than real estate in their names.

WILL CHALLENGES (PART IV)

If you have been unfairly left out of a will for which you should have received an entitlement, Aberdeen Lawyers can help you challenge the terms of that will.   The legal costs for such a challenge may in many cases be paid from the estate itself.

SURVIVORSHIP APPLICATION

If your partner has died and you held assets with them jointly, we can help you transfer those assets into your name smoothly and relatively inexpensively.

Can I afford it?

We appreciate that Wills & Probate cases can take a while to resolve. The costs can escalate unexpectedly, which is why at the commencement of a case, we provide you with the likely estimate of costs and guide you on your best way of minimising these costs.

FIND OUT MORE

Read about our client’s experiences.

We focus on working together with our clients, so that the result is one we are both happy with.

Andy Z
Andy Z
2022-03-08
hqman74
hqman74
2022-02-11
Great lawyers, highly recommended
Vjollca Dervishi
Vjollca Dervishi
2021-12-13
When I first visited Aberdeen Lawyers I was scared and emotional, as soon as I met with Suzanne all my fears went away, she has this kind of magic to her that I can not explain. I can not whole heartdly recommend Suzanne at Aberdeen Lawyers enough! Suzanne made me feel like I was speaking to a good friend she made me feel welcomed and justified all my feelings, I was with Suzanne in my matter for a year and honestly she has become like family now. At every point in my case Suzanne walked me through it she made me laugh when I wanted to just cry. I have not met a most caring lawyer in my life and I've been through quite a few. I owe Suzanne my life. Thank you Aberdeen Lawyers- special mention to AnnMarie who went above and beyond for me also!
Paul Kelly
Paul Kelly
2021-11-23
Easy relationship with our conveyancers as we were first time property sellers. All calls were returned in a timely manner, and settlement was made easy for us!
Sally Mannix
Sally Mannix
2021-11-14
I first went to see Suzanne more than 3 years ago for what should have been a straight forward property settlement. I had no idea at that time just how complicated things were going to get. While I was having a lot of emotional breakdowns, Suzanne always remained calm and dealt with each new issue as they came up. While Suzanne was always professional, she was also very caring and empathetic at the same time. Her “can do” attitude and determination to do her absolute best for her client really stood out from that very first appointment. Suzanne and Vittoria were always available for a “calming” chat and, I can tell you, I needed plenty of them. Andre was very helpful and professional in dealing with another part of my property settlement, also having to deal with issues but able to get things done. I know that the reason I still have my home (with no more fear of ever losing it) is 100% due to Suzanne and her wonderful team. A big heartfelt thank you to you all, you are amazing! I would recommend Aberdeen lawyers to anyone, and I have!!!
Collette Marshall
Collette Marshall
2021-10-08
I Consulted with Emmanuel Kefalas for my Divorce & Property Settlement. Kind, Considerate & Knowledgeable with Family Law matters. Emmanuel has a soft tone and was compassionate which made a big difference to my mental state at the time. I appreciated that he wrapped up the settlement as soon the opportunity emerged, no delays ! Thank you. I highly recommend a consultation with Aberdeen Lawyers
Jayne Cassar
Jayne Cassar
2021-09-21
Suzanne and the team at Aberdeen Lawyers were supportive, professional, reassuring and compassionate throughout my recent emotionally stressful case. I was guided through every step of the legal process. They were by my side the whole way through. I highly recommend Aberdeen Lawyers. Thankyou Suzanne for your guidance and support.
Rebecca Shill
Rebecca Shill
2021-09-17
Thank you to Suzanne and AnnMarie from Aberdeen Lawyers for all their hard work on my Family Court Matter. You were very professional and knowledgeable when it come to Family Law. I appreciate all the support you have given myself.
walter fiedler
walter fiedler
2021-08-19
I highly recommend Aberdeen Lawyers, as they helped me settle a long and ongoing property dispute with a very good outcome in my favour and I could not be happier. Big thanks to Val and Suzanne
Vasanthi Christina Jayasingh Lazarus
Vasanthi Christina Jayasingh Lazarus
2021-08-14
I went through a very difficult (to say the least) and traumatic children custody court case for 2 years. Emmanuel from Aberdeen lawyers was referred by one of my friend, who was going through his own case at the time. He too had only great things to testify about this law firm. Right from the time I made an appointment for the initial consultation, starting from Vittoria, in the reception, everyone in the law firm were very warm and empathetic. Emmanuel is a very genuine lawyer, who listens and wants the best outcome for his clients. He makes time whenever needed and is always available to discuss any aspect of the case, however small it maybe. He is always reachable and returns calls and emails promptly. The one thing that really stood out for me about him was that he never once during the whole process made any claims or promises to just make it look good or easy. I’m really grateful to him for getting us across the line with a positive outcome. He took me through every step of the process patiently and provided the much needed moral support I needed to get out of the traumatic experience. I would highly recommend Emmanuel and Aberdeen lawyers for their professionalism!!!

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