Our Melbourne-based Wills and Estate Planning Lawyers are here to assist you in planning for the future and provide support with estate-related matters during difficult times, whether you’ve lost a family member, partner, or someone close to you.
Whether you need assistance with preparing your Will, setting up Powers of Attorney (that allow others to act on your behalf) or planning your estate, our team will provide the legal guidance you need.
Our experienced and supportive team will help you protect your family and ensure your wishes are carried out when you are no longer able to ensure that happens.
We can also assist with the legal process that takes place when someone passes away, providing expert legal advice for people considering challenging a Will or managing estate disputes.
You can rely on our expertise to ensure you have the insights to make informed decisions for your future and take the best action regarding property settlements.
Our highly experienced team will guide you through your options and provide advice to ensure you can navigate the property division successfully after a relationship breakdown.
We work to create fair outcomes, employing collaborative law and mediation to reach amicable agreements where possible, minimising the need for court proceedings.
We understand that planning for your future can be an emotional process, but it’s also one of the most important things you can do for yourself and your family. By having a legally valid Will, you ensure that your wishes are honoured when the time comes, providing peace of mind for both you and your loved ones.
We also work with you to establish Powers of Attorney, allowing trusted individuals to act on your behalf if you become incapacitated.
Estate planning is not just about protecting your assets; it’s about creating a legacy and ensuring the people you love are cared for in the way you intended. Whether it’s planning inheritance, setting up healthcare directives, or ensuring the right people can make decisions for you, we guide you through every step of your estate planning needs. We’re here to help you plan for all eventualities, ensuring your peace of mind and that of those you care about most.
Losing someone close to you is one of the most difficult experiences in life, and when you also face challenges related to their estate, the emotional strain can feel overwhelming. If you’ve found yourself in the position of needing to challenge a Will, handle probate, or manage complex estate administration, you don’t have to face this difficult time alone.
Our compassionate team is here to support you through the intricacies of estate disputes, offering expert legal advice to help resolve any issues that arise. Whether you’re concerned about the validity of a Will, need assistance with the probate process, or are dealing with disagreements among family members, we’re here to guide you with sensitivity and care.
We understand the emotional weight that comes with these matters, and we work diligently to achieve a fair and respectful outcome for everyone involved, giving you the space to focus on healing while we handle the legal complexities.
None of us like to imagine a time when we might be unable to care for ourselves, whether due to illness, an accident or the ageing process. But the reality is life can be unpredictable, and none of us are immune to these challenges. It’s easy to assume these things won’t happen to us, but unforeseen events can leave us, our families, and our loved ones in uncertain and potentially difficult situations.
Who will care for you if you’re no longer able to care for yourself? Who would you choose to look after your loved ones? Who should receive your estate, belongings, and assets? These are vital questions that everyone should answer while they have time to do so.
Our Wills and Estate Planning Lawyers can assist with drafting and reviewing your Will, setting up powers of attorney, estate planning, administering estates, and handling estate litigation, including challenging a Will. We offer comprehensive support to ensure your assets are distributed according to your wishes.
If you’re facing an estate dispute, seek legal advice as soon as you can. Our team of accredited family lawyers will help you understand your rights, explore options for resolving conflicts through negotiation or mediation, and provide legal representation if the matter proceeds to court, ensuring your interests are protected.
If a person dies without a Will, their estate is managed according to the laws of intestacy. This means the estate will be distributed based on a predetermined hierarchy of relatives, and the court will appoint an administrator. The process can be complex, so legal advice is crucial.
In Victoria, if you’ve been left out of a parent or partner’s Will, you may be able to challenge the Will under the Inheritance (Family Provision) Act 2014. Eligible individuals, such as children, spouses, or dependents, can apply to the court for a family provision order if they believe they were unfairly excluded or did not receive adequate provision.
The court considers factors such as your relationship with the deceased, financial need, and contributions made. It’s important to seek legal advice from experienced estate lawyers to understand your rights and the chances of a successful claim.
A testamentary trust is a trust created in a Will, taking effect after the testator’s death. It allows assets to be managed for beneficiaries under specific conditions, providing asset protection and tax benefits.
If you don’t have a Power of Attorney in place in Victoria and require one, you may face difficulties in having someone legally manage your financial, legal, or personal affairs if you become incapacitated. Without a valid Power of Attorney, the court may need to appoint a guardian or administrator, which can be a lengthy and costly process.
Having a Power of Attorney in place ensures that someone you trust can make decisions on your behalf without delays, giving you peace of mind that your affairs are in capable hands if needed.
Succession planning ensures that your assets and belongings are distributed according to your wishes after your death, reducing the potential for disputes, delays, and costly legal challenges. It allows you to:
Protect your loved ones by precisely specifying inheritances and guardianship to ensure your family’s financial security and peace of mind.
A well-drafted Will can avoid family disputes, minimise conflicts, and ensure your wishes are respected.
Minimise tax and legal costs with careful planning to reduce tax burdens and legal fees, maximising what goes to your loved ones.
Appoint trusted executors and powers of attorney to manage your estate and make decisions if you’re incapacitated.
Succession planning ensures your legacy is safeguarded and your family has clear guidance during difficult times.
The seven steps in the estate planning process are:
Assess Your Assets: Inventory all your assets, including property, investments, superannuation (and self-managed superannuation funds) and personal belongings, to understand the value of your estate.
Decide on Beneficiaries: Determine who will inherit your assets, including family, friends, and charitable organisations.
Create a Will: Draft a legally valid Will to specify how your assets will be distributed and appoint executors and guardians for minor children.
Establish Powers of Attorney: Appoint someone to manage your financial and personal affairs if you become incapacitated.
Consider Trusts: Set up trusts to manage your estate, reduce taxes, and protect assets for beneficiaries.
Review and Update Beneficiary Designations: Ensure beneficiary designations on accounts like life insurance, retirement plans, and bank accounts reflect your wishes.
Plan for Taxes and Debts: Work with professionals to minimise taxes, manage outstanding debts, and ensure that your estate can be settled efficiently.
Business succession planning prepares for the transition of business ownership and leadership if the current owner can no longer manage due to retirement, illness, or death. It involves identifying successors, creating a transition strategy, and aligning it with estate planning to protect assets and reduce taxes. Providing training ensures successors are ready to lead, preserving the business’s long-term value.
Expert help to prepare a legally valid Will that explains what you want to happen to your family, property, assets and possessions when you die.
Nominate your power of attorney to ensure someone you trust is authorised to make decisions on your behalf if you are unable to make decisions for yourself.
Estate planning enables you to ensure assets are passed to your chosen beneficiaries in the best & most tax-effective way. We are experienced estate lawyers.
Learn more about what it means to administer an estate and how our experienced estate lawyers can help you through this process.
Do you want to challenge a Will? Speak to one of our experienced estate lawyers first & make sure you get accurate, unbiased legal advice to help you proceed.
Please book an appointment with one of our experienced Wills and Estates Lawyers today or call us at (03) 9435 9044. Our Melbourne-based team can advise you on the best path forward.
Tonkin Law is committed to protecting the privacy of our clients. Our team uphold the highest protection policies to minimise risk. Read more about our policy here.
Contact us today on (03) 9435 9044
8-10 Flintoff Street
Greensborough
VIC 3088
Email: mail@tonkinlaw.com
Fax (03) 9435 2452
PO Box 241, Greensborough VIC 3088DX98803 Greensborough