Wills & Estates

At Somerville Laundry Lomax we have a team of specialist estate planning solicitors who can work with you to ensure the correct structuring of your succession arrangements for both your personal and business interests. We have extensive experience in drafting testamentary trust wills, special disability trusts and advising in relation to superannuation.

A properly drafted will is crucial in avoiding disputes, minimising tax, protecting your assets and ensuring your estate passes to your intended beneficiaries. We understand the importance of this, which is why we take the time to get to know our clients and their requirements.

Power of Attorney and Appointment of Enduring Guardian

In addition to drafting your will, we can assist you in preparing a power of attorney and an appointment of enduring guardian. You can use a power of attorney to give certain persons the authority to make financial and legal decisions for you, with such powers often becoming activated following an event of incapacity. Similarly, an enduring guardian appoints someone to make decisions about your health and lifestyle should you lose capacity to make those decisions yourself.

These documents are often created at the same time as your will, and we will work carefully with you to ensure that you appoint someone you trust.

Administration & Probate

A deceased estate must be managed or administered from the time that the will-maker dies until the final bequest is delivered and the estate is finalised.

We understand that administering an estate can often be a sensitive and overwhelming process. If you are an executor named in a will or are a partner of family member of a person who has died without a will, we can assist you. Our solicitors have extensive experience in obtaining probate, letters of administration, liaising with financial institutions and distributing assets to beneficiaries.

Family Provision Claims

Are you contesting, disputing, or defending a will?

Every person has the right to express their testamentary wishes as they see fit and leave their assets to whomever they like. However, people do not always do so wisely or in a manner consistent with legal and moral obligations. Further, there can be undue influence or poor will drafting, which leads to inequity or unfairness.

Accordingly, you may be surprised to know that eligible persons can legally question the way that you distributed your property. When an eligible person believes that they should have been provided for out of the assets of your estate, they can make a family provision claim to the Supreme Court of New South Wales. Eligible persons may include your close family, or someone you supported financially during your lifetime.

We specialise in estate disputes including contested wills, disputing or challenging the validity of wills or defending estates. Our team can assist if:

• You have been left out of a will
• You are a beneficiary but believe the will is unfair
• There is reason to question the validity of a will or the circumstances in which the will was made
• You are an executor defending a will.

The law surrounding estate disputes is complex and the very nature of these claims can be stressful. Our team can provide professional, timely and confidential advice o all aspects of disputing, contesting, and defending wills, ensuring that the matter is dealt with efficiently and respectfully.

There are strict time limits which apply to contesting wills and defending estates, so if you have a potential matter we recommend that you contact one of our lawyers at [email protected] or call 02 6621 2481 for a no-obligation discussion and for expert legal advice.