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Wills & Probate

Do you need a Will and Power of Attorney?

 

Have you been left out of a Will?

Are you the Executor of a Will?

 

Call De Kretser Law for a free first interview. De Kretser Law’s team will do everything possible to protect your assets or to achieve the best possible outcome if you have been excluded from a Will. 

 

De Kretser Law is experienced in preparing Wills and Powers of Attorney, applying for Probate, and representing both executors and beneficiaries in Supreme Court legal proceedings where claims are made by people who have been either excluded from a Will or received a smaller proportion from a Will than they were entitled to receive.

 

Strict time limits apply if you want to make a claim against an estate. Make sure that you know your rights as soon as possible.

De Kretser Law will guide you through every step of the way from getting advice about your rights up to representing you in the Supreme Court to claim a part of an estate or to represent you in your role as executor of an estate.

Wills

Thinking about gifting assets to people after you pass away can be daunting and emotional experience, however it is important to make plans for these events to ensure that you protect your assets for the people who you want to receive such gifts. A Will is a legal document that specifies what you want to happen to your assets when you pass away.

A Will addresses issues that could include:

  • To whom you want to gift specific assets including your home, shares, savings in a bank account, superannuation, interests in a business or under a trust, and personal items including family heirlooms and jewellery

  • Specific requests regarding burial, cremation, handling of your ashes and ceremonies

  • Specific people that you want to exclude from receiving any part of your estate
     

De Kretser Law can assist you in drafting your Will and giving you peace of mind.

 

Call 1800 800 LAW to get started with a free and no obligation consultation.

Probate 

 

Dealing with the loss of a family member or friend can be a very emotional, stressful, and challenging experience. These difficulties can be compounded if the deceased appointed you in their Will to be the executor of their estate.

 

If you are the executor of a deceased estate, it is very important that you understand your rights and obligations as an executor as soon as possible after your loved one passes away.

 

Probate describes the legal process that an executor must go through to be formally appointed as the legal representative of a deceased estate. A grant of probate by the Supreme Court of Victoria gives an executor various legal rights and imposes an obligation to seek to carry out the deceased’s wishes laid out in their Will.

 

De Kretser Law can assist you throughout this legal process from preparing an application for probate to assisting you to deal with the deceased’s assets. This work may include assisting you to sell the deceased’s home.

 

Call De Kretser Law on 1800 800 LAW for a free no-obligation conference to ensure that you understand your rights and obligations as an executor and how to apply for probate.

Contesting a Will

Sometimes a family member might fail to make adequate provision in their Will for people whom they might have a legal obligation to provide support and maintenance.

 

De Kretser Law is experienced in successfully representing clients who have either being left out of a Will or have not received a fair proportion of a family member’s assets.

 

We can provide you with a legal strategy and representation in court through this difficult and stressful process. We represent clients who make family provision claims, are beneficiaries under a Will, and deceased estates against which claims are made.

 

If you believe that you have been unfairly excluded from a Will, have not been gifted a fair proportion of a deceased’s assets, or are the executor of a deceased estate and require legal representation against a claim, call De Kretser Law on 1800 800 LAW now for a confidential, free and no-obligation appointment to discuss your rights and obligations.

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Power of Attorney

An Enduring Power of Attorney is a legal document that appoints 1 or more people to make financial and legal decisions on your behalf. Recent changes to the law also enable a person to appoint a medical treatment decision-maker to appoint someone to make medical treatment decisions on their behalf in a separate document.

 

Call De Kretser Law to ensure that you understand your rights and obligations, and make the right decisions according to your specific needs.