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Estate Planning, Probate and Estate LitigationPractice Profile Our practice advises charities, accountants, financial planners, individuals and major trustee companies and is widely recognised for its specialist knowledge and expertise. Not only acting on wills and estate planning, our specialist practice extends to estate based litigation, trusts, retirement and elder law, mental health issues, powers of attorney, enduring guardian appointments, living wills and expert carriage of complex estate administration. Practice Strengths Estate Planning Our estate planning practice involves wills incorporating elaborate testamentary trusts. We are also careful to consider the impact of non-will assets such as superannuation, jointly held property and life insurance on estate planning. We assist our clients to distinguish between assets owned and assets controlled by them. This often involves reviewing family companies and family trusts. We also assist with partnership and shareholder agreements and any disputes stemming from those agreements. Our practice has expertise in capacity and mental health law issues. We prepare and advise on powers of attorney, enduring guardian appointments and living wills (also known as advance health care directives). We have regular communication with the Office of the Protective Commissioner. We have extensive experience in appearing in the Supreme Court and the Guardianship Tribunal involving mental health law issues. Obtaining Grants & Estate Administration We regularly prepare applications for grants of Probate and Letters of Administration, including applications for Probate involving informal Wills and rectification of Wills. We prepare applications for Letters of Administration involving intestacy and partial intestacy. Our work involves obtaining grants for beneficiaries living overseas as well as resealing overseas grants in the NSW Supreme Court. We ensure estate administration is carried out expertly and cost effectively. We assist families to make decisions about the transfer of sale of estate assets, often taking into account important issues such as capital gains tax and duty. Estate Litigation In circumstances where Wills or estates are contested and the matter proceeds to litigation, we advise and act on contested probate litigation. Our advice is regularly sought on contested estate litigation including disputes over the right of burial, informal testamentary documents, Will interpretation, rectification of Wills, testamentary capacity, family provision challenges to Wills and the interpretation or failure of charitable gifts. Trusts & Charitable Trusts Law We handle numerous trust law matters, advising and preparing appropriate documentation to assist with the establishment, administration and acceleration and termination of trusts. We also advise on the law, procedures and documentation for the appointment of and retirement of trustees. We prepare trust deeds for discretionary family trusts and testamentary trusts for clients and we regularly advise on the interpretation of trust instruments including Court applications for construction. We also advise on trustee duties and trustee legislation including trustee companies legislation. We also assist with the establishment and operation of charitable trusts including Prescribed Private Funds. |
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