Frequently Asked Questions

Call our office and we will provide you with an estimate of the fees for preparing standard documents and applications to the court for probate & letters of administration.

We are generally able to provide you with a fixed quote after our first obligation free appointment.

We accept payment by electronic funds transfer (internet banking), cheque or cash. We do not have credit card facilities.

In some cases we will request that clients deposit funds in our trust account to cover fees and disbursements.

Yes, if you are looking for lawyers who understand Wills & Estate Law, will always act in your best interests and you are prepared to pay our reasonable fees & disbursements for providing those services to you.

Typically we have a very short turn around with preparing documents. Usually we can deliver drafts to you withing 7 days of our engagement.

With litigation matters it is our practice to provide clients with regular updates and you can always contact our office for an update and we will gladly inform you of the progress.

Our contact details are on this web site. You can contact us by telephone, email or post. Email is generally the most efficient form of communication as it gives the lawyer the time to reply when not busy with some other matter. However, there are some times when the telephone or a face to face meeting is the best way to cover the issues.

In some simple cases a lawyer is not necessary, especially if it involves a minor dispute. However, many people underestimate the value of a lawyer when making their wills. All too often poorly drafted wills end up in costly disputes in the Supreme Court.

In litigation matters it is seldom prudent to attempt to represent yourself and you may be putting yourself to a great disadvantage over others who are properly represented.

Absolutely it is.

If you don’t have a properly drafted will you may die intestate and then section 14 of the Administration Act applies to the disposition of your estate. This may have greatly unintended consequences that may be detrimental to your loved ones.

People are living longer and dementia and Alzheimers is on the rise in our older population. Unfortunately cases of elder abuse are also on the rise. An enduring power of attorney is a document in which you declare who should deal with your financial matters if and when you are no longer capable of doing that yourself. The consequences of not having an EPA is that when that time comes that you are no longer capable of handling your affairs, this can result in a costly family dispute in the State Administrative Tribunal over who should be the administrator of your estate.

This is a similar document to the enduring power of attorney but it relates to who you wish to have as your carer when you can no longer look after yourself.

Your guardian can make health care and lifestyle decisions for you. Therefore you should make sure the guardian is someone you trust and respect.

If your spouse dies before you then your eldest child will be deemed to be your guardian at law if you don’t have an EPG.

Similarly with the enduring power of attorney, if you have left it too late to make this document, your family may end up in a costly dispute at the State Administration Tribunal to determine who should be your administrator and guardian.

This is a legally binding document directing your medical practitioners what your wishes are in case you are on a life support machine. If you have not made a valid advance health directive your guardian/s will have to make the unenviable decision of whether or not to keep you on life support.

It depends on how complicated the deceased’s estate is. In some simple cases you can apply for Probate online on the Supreme Court website.

However, the Court will not assist you with the application if it issues requisitions. It will then recommend that you seek legal advice.

A lawyer can take the burden off you as executor at a time that you may well be suffering from grief at the loss of a loved one.

You can challenge a Will if you are a parent, spouse, de facto spouse, child, step child or grandchild of the deceased.

Siblings, cousins, aunts, uncles, nieces & nephews cannot challenge the deceased’s Will.

Yes, we can act as your Executor if the circumstances are such that it would be appropriate for a professional to act.

We have an ethical obligation to advise you that you could choose a friend or relative who may be willing to act without charging the estate.

We do not charge a commission for acting as Executor.