Wills
Preparing a Will, arranging estate planning or estate administration can seem daunting, and if all are not prepared and executed correctly, it can have serious ramifications for your loved ones when you pass away.
To ensure your estate is protected and distributed in accordance with your wishes, you can trust the expert advice provided by our caring, professional lawyers at YLP Legal – Your Legal Partner.
We can advise you on both simple and complex estate planning matters, and ensure that you understand the gifts and wishes you create in your Will, providing peace of mind for your loved ones when the time comes.
Our trusted team of experienced lawyers can assist you in creating your Will, establishing trusts, naming beneficiaries, and appointing a financial Power of Attorney.
When the time comes to distribute the estate, YLP Legal – Your Legal Partner can help executors apply for a grant of probate and for those estates that do not have a Will to direct its distribution, we can assist administrators with applying for a grant of letters of administration.
We assist you throughout the whole process from applications of grants to final distribution of the estate.
If there is a dispute in relation to estates including issues with probate, YLP Legal – Your Legal Partner can advise executors as well as potential claimants in relation to any entitlements under a contested estate with sound advice and support.
Frequently Asked Questions
Finding the right Adelaide lawyer to resolve your legal matters can be difficult. But at YLP Legal – Your Legal Partner, we want to make it simpler by answering some of your questions.
Engaging a highly-experienced estate planning lawyer offers numerous advantages.
These professionals bring specialised legal expertise in navigating the complexities of wills, trusts, probate, and estate administration, ensuring that your estate plan complies with all relevant laws and regulations.
At YLP Legal – Your Legal Partner, we customise your estate planning to reflect your specific needs and wants. By preventing errors that could invalidate your documents, our experienced team helps avoid potential disputes among beneficiaries, promoting clarity and reducing familial conflicts during sensitive times.
Moreover, we provide ongoing support to review and update your plan as circumstances evolve, offering peace of mind that your wishes will be carried out effectively.
While DIY kits offer a convenient way to prepare a Will, their validity hinges on strict adherence to relevant legal standards. Unfortunately, many such DIY kits fail to meet these standards, resulting in difficulties in obtaining probate, which can cause undue stress for the executor and financial burden on the estate.
At YLP Legal – Your Legal Partner, our experienced lawyers ensure that your Will is not only legally compliant, but also fully reflective of your intentions. Trust us to safeguard your legacy effectively.
A Grant of Probate is an order issued by the Supreme Court that proves the Will and authorises the executor named in a deceased person’s Will to manage and distribute the estate’s assets, settle debts, and carry out the deceased’s wishes.
For detailed guidance on obtaining a Grant of Probate and navigating the administration process efficiently, consult with our knowledgeable lawyers at YLP Legal – Your Legal Partner, who offer expert and cost-effective legal advice.
In South Australia, during probate, the legal ownership of the estate typically rests with the executor named in the deceased person’s will.
The executor’s role is to manage and distribute the deceased person’s assets according to the terms of the will and in compliance with South Australian law.
Until the probate process is complete and the executor receives formal authorisation (such as a grant of probate) from the Supreme Court of South Australia, the estate remains under the legal control of the executor, who acts on behalf of the estate’s beneficiaries. This process ensures that assets are managed and distributed correctly, following the deceased person’s intentions as outlined in their will.
Under the Inheritance (Family Provision) Act 1972 (SA), only specific individuals are entitled to contest a Will. These include the deceased’s spouse, former spouse, domestic partner, children, stepchildren (in certain circumstances), grandchildren, parents, and siblings who have demonstrated they cared for or financially contributed to the deceased during their lifetime.
To minimise the risk of disputes arising in relation to your estate, consult with the experienced lawyers at YLP Legal – Your Legal Partner. Our team help you create a Will that protects your wishes and provides peace of mind for your loved ones.
Dying without a valid Will means your estate is distributed according to the rules of intestacy as outlined in the Administration and Probate Act 1919 (SA). This may not align with your personal wishes. The estate is distributed amongst your relatives in a specific order according to the formula set out in the legislation.
To avoid this, it is crucial to have a valid Will in place at the time of your passing. Consulting with the expert lawyers at YLP Legal – Your Legal Partner will ensure your wishes are accurately and legally reflected, providing peace of mind for you and your loved ones.
Advance Care Directives and all forms of Powers of Attorney, including Enduring Powers of Attorney, conclude upon your death.
After this, they have no legal effect and cannot be utilised by your appointed attorney or Substitute Decision-Makers. If you require further information or guidance on these legal documents, the experienced lawyers at YLP Legal – Your Legal Partner are available to provide expert and cost-effective advice.
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