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Wills and Estates

Dr Craig Jensen Lawyers have substantial experience and expertise regarding Wills and Estates and related issues. A will is a legal document intended to determine the distribution of property and assets after a person’s death. We also frequently draw Enduring Powers of Attorney, a document outlining a person's intentions for the management of their affairs if they become incapable of doing so for themselves.

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Will lawyer

Dr Jensen assists clients by drafting wills, Enduring Powers of Attorney and Advance Health Directives.

He can also assist an executor with distributing assets and provide counsel in cases where the deceased dies intestate (without a Will).

How we can help

It is important to have a valid Will as it will ensure that:

  • Your assets are dealt with in accordance with your wishes
  • Your Estate is administered by the Executor nominated by you
  • Your estate is not dealt with under the laws of intestacy

We take your instructions at a consultation. Before we meet, consider important factors that will be included in your will, including:

  • Your executor
  • The guardian(s) of your minor children
  • Assets and liabilities
  • How you wish to distribute your assets in the event of your death.

Having an up-to-date Will allows you and your family to feel assured that your wishes will be respected and carried out upon your passing. Dr Jensen will help prepare a robust, legally valid Will that outlines your intentions on how your assets will be distributed, your executor and a guardian for your children. Circumstances where you may want to update your Will include:

  • Marriage or divorce
  • The birth of children or grandchildren
  • The death of a beneficiary or executor
  • A significant change to finances or assets

We recommend that you review and update your Will when circumstances change to ensure that it still meets your wishes.
A Will can be updated by:

  • revoking the existing Will and making a new one
  • making a codicil.

It is preferable to make a new Will incorporating the change and revoking the former Will, rather than make a codicil.

Laws surrounding the contesting of a Will are complex. Strict time limits also apply, so it is crucial to seek legal advice as soon as possible if you believe you have grounds to contest a Will. You may have legal grounds to contest a Will if:

  • The Will doesn’t make adequate provision for you
  • You can prove the deceased was not of sound mind when making the Will
  • You believe the deceased was pressured to sign the Will
  • The deceased promised that if you did something for them, they would provide for you in their Will.

In some cases acting as an executor can be complex. We can provide competent and considered advice on:

  • Gathering assets and paying liabilities
  • Managing tax affairs
  • Distributing property to beneficiaries

FAQs on Wills and Estate Law

If the nominated executor is unable or unwilling to act, another person may administer the estate. In some cases, an Executor of a Will needs to obtain a Grant of Probate from the Court to authorise them to administer the Estate.

A Grant of Probate is the court’s official recognition that the Will is legally valid and you, as the Executor of a Will, are authorised to deal with the estate.

Some of the things an Executor of a Will may be responsible for include:

  • Applying to the Court for a Grant of Probate
  • Identifying the assets and liabilities of the Estate
  • Organising proper insurance cover over Estate property
  • Closing bank accounts and advising authorities of the death
  • Selling or transferring realty and other property
  • Liaising with and distributing money and property to beneficiaries

Get in Contact

Whether you’re contesting a Will, administering an estate or making a Will, you need expert assistance in Wills and Estates.

To secure the best outcome, contact Dr Craig Jensen today to discuss your situation.

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