Contested Estates

Disputes frequently arise when someone passes away. Often when an individual feels that they have been unfairly left out of the deceased’s will. This is the ideal time to access Laymens Sydney lawyers who are well versed in contested estate disputes and making sure everyone gets what they deserve.

If you are an executor beneficiary of a will in which contested estate disputes are arising then you should be contacting Laymens Lawyers to help justify legitimate claims.

This complicated area of law requires a legal service representative who is capable and able to handle the stresses of a contested estate, so you don’t have to. Although, when seeking representation it’s important to remember that only some people are eligible to make a claim under the Succession Act. These claims need to be made within 12 months of the person's death.

Laymens Lawyers expert team have a wealth of experience with the Succession Act and contested estates. We consider the individual aspects of every case in order to properly advise beneficiaries, executors and those who feel they have a legitimate claim to an estate.

Enduring Guardianship

You never know what life is going to throw at you, but, it’s always best to be prepared. One of the best ways to be prepared is to access Laymens estate planning lawyers and appoint an enduring guardian. An enduring guardian is when you choose another person to make personal and lifestyle decisions for you as you're unable to adequately make them yourself. It is designed to commence after you begin to lose your mental capacity, normally as you get older.

A person over the age of 18 is able to appoint an individual to take responsibility for certain decisions in their life, should they be unable to clearly make them in the future. Although, the person appointing an enduring guardian must understand what they are signing.

As the appointee of your enduring guardian, you get to specify exactly what decisions (functions) they make on your behalf. These functions may include:

  • Your place of residence
  • The personal services that you require
  • The ability to consent to necessary treatment including medical or dental treatment you receive (to a limited degree)

The restrictions and capacities that apply to these choices can be explicitly made by you when appointing your guardian. Normally when appointing a guardian, the role will go to a family member, someone you trust or someone with your best interests in mind. The person or persons can not be anyone that is employed to provide you with any of the services, such as a GP or an accommodation services provider.

Laymens Lawyers can help you create and specify the details of an enduring guardianship document so that decisions can be made that are in your best interest in the future.

Power of Attorney

Giving Power of Attorney is an important decision, that’s why it is essential that you access proper legal aid when you’re ready to give your power of choice over to someone else.

A Power of Attorney is a document which gives the person who you select the capacity and power to make decisions on your behalf. This may include the power to manage either your financial or legal affairs and can be allocated with specifications.

There is also what’s called an Enduring Power of Attorney. This is for when an individual loses their ability to make decisions due to a loss of mental capacity which is severely inhibiting their capabilities.

It is highly recommended that you seek legal aid in appointing an Enduring Power of Attorney. Laymens Lawyers provide all the necessary information to you and appointed Power of Attorneys, helping you to specify and clarify which actions you wish to be taken should such an event occur that limits your capacity to make decisions yourself.

Probate & Estate Administration

Have you been chosen as the executor of a will? When someone passes away, there are standard legal procedures in place to ensure that their estate is handled and allocated to the correct recipients.

Laymens estate lawyers can apply for probate on your behalf to the Supreme Court of NSW. This application is an important part of proving that you as the executor are entitled to handle the estate of the deceased. Once it has been obtained, then all the deceased’s assets will be released to the executor.

The application for probate can be a complicated process. Accessing Laymens Lawyers to govern the probate & estate administration process means a quicker, reliable outcome, allowing you as the executor to meet the obligations you have to the deceased and recipients of their estate.

In the case of an individual passing away without a will, the government decides who is entitled to that individual's assets. If you want to be in control of the distribution of your assets then accessing Laymens estate lawyers to administer a will is your best course of action.

 

If you’re planning your will you may also want to access our estate planning lawyers who see to it that your wishes are fulfilled after your passing. Our Sydney estate lawyers have a thorough knowledge of will and estate planning and provide guidance on updated wills, preparing enduring guardianship, power of attorney, and nominating executors of your estate.