For many reasons wills, trust and estate litigation can be very complex.
Our experienced lawyers will prepare you by providing counsel on pre-litigation strategies; analyse potential risk as well as documentation review. We then apply creative problem solving to secure a favorable resolution.
In instructing us to prepare a will, you will ensure that your wishes are carried out and that you protect the interest of the ones you love.
At Michael Dwyer solicitor, we understand the intricacies of wills. Through many years of experience, we are able to deliver the best advice to suit our client’s individual situation.
Everyone needs a will to protect their assets to ensure that the intended beneficiaries after death receive the assets with the least possible risk of litigation by people who want to attack the estate.
These may include
Someone who dies without a will, dies 'intestate' which means you have to apply to a court.
If you don’t have a will the cost to your family can be immense. Your intended beneficiaries will be put to considerable expense to obtain a court order simply to try to protect some of your estate when a mere hour or two with a lawyer coupled with a nominal payment of a small legal fee would have protected that for you.
The Succession Act has a formula for the distribution of your estate initially to your spouse and children, but if there is no spouse of children the in a process involving an ancestral search to establish other possible beneficiaries.
The Public Trust Office is responsible for this process and deducts the legal costs from the estate. If the are insufficient assets of the estate, the legal fees are paid and no one gets anything.
The process involves advertising the estate in newspapers for any claimants. Anyone could come forward and make a claim on the estate. This is a costly exercise as there needs to be mediation to bring the deceased family and claimants together in an attempt to resolve the issues without a court hearing.
If there is no resolution the matter goes to court at additional expense and the appointment of barristers for both sides. The losing party may also be ordered to pay the costs of the successful party.
Enduring Power Of Attorney
Should be drawn up at the same time. This deals with making decisions on financial, property and health issues when you don’t have the capacity to make decision, because you have had a stroke or health issues. This is commonly known as a "Living Will".
Don't Put It Off Until It Is Too Late
These are the common excuses people use to avoid or delay preparing a Will and Enduring Power Of Attorney.