SPECIALISING IN Wills, TESTAMENTARY TRUSTS, PROBATE, DECEASED ESTATES; ELDER LAW AND CONVEYANCING

WILLS AND DECEASED ESTATES

rest in peace knowing your estate is being looked after. 


Wills & Estate Planning.

AFS Legal can help you achieve your testamentary and estate planning goals by advising on and preparing your will or testamentary trust and all other estate planning documents, such as powers of attorney, enduring guardian appointments and living wills (also known as advance care directives).  


If you die without a valid will, your assets will be distributed according to the rules of intestacy, which may differ to your wishes.  Without a valid will, your loved ones will need to apply for a grant of letters of administration in order to distribute your assets, which is often a more complicated, time consuming and costly application than an application for a grant of probate of a valid will.


We understand the importance of having an up to date will which expresses your testamentary wishes.  A will provides more than just instructions to distribute your assets in a certain way.  A will can also provide instructions relating to non estate assets and appoint guardians for minor children.  


We have the experience and expertise to do a complete estate plan - giving you the peace of mind that on your incapacity or death, your estate will be distributed in accordance with your wishes. 


Probate and Deceased Estates.

AFS Legal can help executors and administrators administer deceased estates in compliance with the often onerous and complex duties placed on them. AFS Legal can advise and guide you in obtaining Probate and fulfilling your obligations as Executor or Administrator.


How much does AFS Legal charge to obtain Probate?

The fees that solicitors can charge for obtaining Probate is regulated.  Prescribed maximums apply, depending on the value of the estate.  We are different to many other firms in the way we charge.  Many firms choose to charge the maximum amount (based on value).  We don't believe that is fair!  We only charge for work done, which varies depending on the complexity of the estate and work required to be undertaken. 

The result?  Our fees are usually much lower than the regulated maximum amount.

 

We can assist you by:

  • Advising you on your responsibilities and obligations as Executor
  • Applying for a Grant of Probate of a Will
  • Applying for a grant of letters of administration
  • Preparing applications to reseal grants in the NSW Supreme Court 
  • Administering deceased estates in accordance with the terms of the will and in compliance with rules and regulations, professionally and cost effectively


Estate Related Disputes.

AFS Legal can advise you in all types of claims against wills and estates. We are experienced in dealing with a variety of estate related disputes, which can often split families and be a traumatic and stressful time.  We have the knowledge and expertise to assist in the early settlement of estate related disputes, when appropriate.  


We can assist you by:

  • Advising on family provision claims where no or inadequate provision has been made for you
  • Advising on and defending claims made against the estate, including family provision claims
  • Advising and acting in all other estate related disputes, including disputes over the right of burial, informal testamentary documents, will interpretation, rectification of wills, testamentary capacity and interpretation or failure of charitable gifts.