Wills & Probate

Most people don’t think about writing a Will soon enough. If you don’t have a Will, your Estate is divided according to the laws of the State or Territory in which you live at the time of your death.

Nigel Gabbedy, and Sarah Milson-Mahy have now drafted thousands of Wills, from the straightforward to the very complex.

It has been our experience that people are more and more concerned about:

1. Ensuring that their children don’t squander the Estate that may be left for them;
2. Ensuring that their children an interests are protected, and they receive a share in the Estate and that the Estate is not sidetracked by others.
3. To ensure that the tax consequences associated with their Estate are minimised;
4. To ensure that their partner is properly provided for.

Wills need to be as individual as you are. We would be happy to tailor a Will for you today.

Estates

If your partner or a family member has passed away without leaving a Will, his or her Estate can be dealt with in a couple of different ways:

1. If the Estate is small it may be possible to distribute it without making an Application to the Court for “Letters of Administration”.
2. If the Estate is larger, or if some of the organisations you are dealing with refuse to deal with you unless you have Letters of Administration, an Application will need to be made to the Court.

We have extensive experience in acting on behalf of people whose partners or close family members have passed away without leaving a Will. We would be happy to assist you in simplifying this process.

If your partner or family member has passed away and has left a Will the process is similar:

1. If the Estate is small, it may be possible to divide it without the expense associated with approaching the Court for a Grant of Probate.
2. If the Estate is large, or if the organisations with whom you have to deal refuse to deal with you unless you obtain a Grant of Probate, you will need to approach the Court and obtain the Grant. A Grant of Probate by the Court effectively grants authority to the person who is appointed Executor under the Will.

The loss of a loved one is devastating. Nigel Gabbedy has years of experience in assisting people at this difficult time of life and we would be happy to assist you with your Estate matters.

Contesting a Will

Sometimes a relative can pass away in circumstances where you receive little or nothing from their Will. This can be particularly hurtful when family heirlooms or other items that you believed you would be receiving are divided amongst other people.

It may be that your relative was mistaken as to your circumstances when the Will was prepared or that you have a need that should have been recognised by the Estate.

Under certain circumstances a Will can be challenged and the Court can order a division of property or assets in terms different than those set out in the Will.

If you have any concerns about the division of a relative’s Estate under the terms of his or her Will, please contact Nigel Gabbedy for advice.

Enduring Power of Attorney

At Gabbedy Milson Lee we strongly recommend that our clients ensure all possible scenarios are covered and we will discuss with you the importance of ensuring your affairs are protected and dealt with appropriately should you become mentally incapacitated.