Wills and Probate Lawyer in Cranbourne - Sharma Solicitors & Conveyancers

Expert Will Lawyers in Cranbourne: Sharma Solicitors & Conveyancers

In the world of legal affairs lawyers play a very important role in ensuring that your wishes regarding the distribution of your assets are carried out effectively after your demise. The legal experts specialize in the delicate field of asset planning, drafting, and execution of Wills. The expertise goes beyond simply writing Wills. They can offer you comprehensive guidance on estate planning, probate processes and trust matters ultimately aiming to protect your assets and legacies.

We are one of the leading legal firms known for our expertise in Wills and Estates matters. Led by seasoned experts we boast a track record of providing amazing services tailored to meet your unique requirements.

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Understanding Wills and Estates

Wills and the Probates process constitute the backbone of a testamentary arrangement. A Will basically works like a legal document that outlines wishes concerning the distribution of your assets and the appointment of guardians for your minor kids among other matters. After your demise, the Will undergo a legal process that validates the authenticity and ensures that the Will has been executed properly.

You need to know that Estate Planning which includes Will drafting is very important for you if you’re looking forward to managing and distributing the assets effectively. By engaging in perfect estate planning, you can reduce potential conflicts among the beneficiaries, reduce the tax liabilities and also preserve the wealth for your future generation. The Will lawyers play a very important role in guiding you through the process offering you strategic advice tailored to your circumstances.

Will Drafting

Having a properly drafted will is really important in ensuring that your assets are distributed according to your wishes. Our well-crafted Will provides you clarity regarding asset distribution and also helps you reduce the risk of disputes among beneficiaries. The lawyers play a very important role in guiding you through the parts of Will drafting offering you valuable insights and expertise every step of the way.

Trust and Probate Matters

Trust administration and Probate proceedings are really important components of estate management each serving unique purposes and distribution of assets after your demise.

Trust administration includes the management and distribution of assets held in trust according to the terms outlined by the Trust documents. Trust offers different benefits like asset protection, tax advantages, and flexibility in distribution. A trustee will be appointed to oversee the trust and ensure its terms are executed perfectly.

On the other side Probate proceedings are the legal processes through which your Will is validated. It basically includes submitting the will to the court for approval

Furthermore, the Estate Administration ensures that the estate is distributed according to your terms, It basically means identifying and valuing assets, settling debts and taxes, and distributing remaining assets to the beneficiaries in accordance with the terms of your Will

Contesting Wills and Probate Proceedings

Contested Wills and probate litigations when disputes arise regarding the validity of your Will or the distribution of your assets. If a family member or a close relative feels that he or she has been inadequately looked after, a Will could be contested under the Family Provision Claim (FPC). Some of the other common reasons for contesting Will include allegations of undue influence, lack of testamentary capacity or improper execution.

Legal Rights and Responsibilities

Understanding your legal rights and obligations in Will matters is really important to ensure that your wishes are carried out effectively. Will lawyers provide you guidance on matters like the proper execution of the Wills roles of the Executors and the rights of Beneficiaries. By ensuring compliance with the legal requirements and addressing potential conflicts, our lawyers can help you protect the integrity of your testamentary agreements.

Services Offered by Sharma Solicitors & Conveyancers

We boast a comprehensive suite of services catering to your Will and Estate requirements.

Will drafting

Our experts will help you in drafting legally sound Wills that accurately reflect your wishes and comply with the relevant legal requirements.

Probate assistance

We guide you through the probate process facilitating the efficient administration of estates and ensuring compliance with the legal obligations.

Trust establishments

With expertise in Trust matters we help you establish Trusts to protect your assets manage your wealth and provide for beneficiaries according to your wishes

Estate administration

From asset valuation to beneficiary notifications, we provide comprehensive estate administration services to streamline the settlement process.

Frequently Asked Questions (FAQ’s)

Wills and Estate lawyers provide you a range of services like drafting Estate Planning, Trust Creation and Administration, Probate Assistance and Representation and Will disputes and even Estate litigation.

Probate lawyer helps you in navigating the probate process including submitting the Will to the court, identifying and valuing assets, paying debts and taxes (with the accountant’s assistance) and distributing assets to beneficiaries.

Yes, lawyers can provide you assistance with all aspects of the Trust matters including Trust creation, Administration and resolution of the Trust disputes.

When drafting a Will consider factors like appointing an Executor, specifying Beneficiaries, outlining asset distribution, addressing guardianship arrangements for minor kids

A will can be contested if one feels that he or she has been left with insufficient provision, which is also called Family Provision Claim. As the name suggests, not everyone is eligible for such a claim, it is only applicable to the one who has had either blood or a close relationship with the deceased. Furthermore, the Court must be satisfied that the person has actually been given inadequate or no provision from the estate.

Other grounds which may be considered to invalidate a will could be allegations of undue influence, lack of testimony capacity or improper execution.

During the probate process the court will validate your Will, approve the appointed Executor(s), identify and value the assets. Only after the Grant of Probate being issued, the Executors can settle debts and taxes and distribute remaining assets.

The duties of an Executor includes submitting your Will to the Court, managing the estates assets, paying debts and taxes and distributing assets to the Beneficiaries according to the terms of the Will.

The time it takes to settle your estate will depend on different factors like the complexity of the estate, the presence of the disputes and the efficiency of the Executor and the legal process. After the Grant of Probate being issued, the executors are advised to wait for a minimum of 6 (six) months before distributing the assets to the Beneficiaries. This time provides the opportunity to the Creditors to raise their claim.

Even though it might not be legally required, hiring a lawyer can help you ensure that your wishes are accurately reflected in your Will and your estate is managed and distributed effectively.

When someone dies without leaving a valid Will, in order to manage the estate, Grant of Administration is needed in lieu of Grant of Probate.

When someone dies, without having a valid Will, it is called dying intestate. In such a situation, Grant of Adminstration is needed from the Court, and estate is managed as per the default provision of the law, rather than the wishes of the deceased.