At Eales & Mackenzie, we understand that everyone’s circumstances are different. Therefore, our estate lawyers in Melbourne will take the time to understand your unique circumstances, working with your financial team in order to create a comprehensive estate planning strategy that is tailored to your personal circumstances. Estate planning encompasses a range of important decisions including the writing of a will, the appointment of a power of attorney and consideration of any ongoing debts or assets that will be passed on to your family.

It is these important decisions that if made early and with the consultation of a professional Eales & Mackenzie Estate Planning lawyer in Melbourne, can ensure that your Estate is distributed in the way that you had intended without placing unnecessary burdens on your loved ones.

At Eales & Mackenzie, we are committed to keeping our clients educated throughout the process, to ensure that they make informed and well-advised decisions on such important matters. We understand that this also means consultation with your nominated decision makers, to ensure that they understand and are able to carry out their nominated duties. Leaving a clear, unambiguous will, and a list of all your important documents will make it much easier for your executor to carry out their duties. Estate planning in consultation with a professional at Eales & Mackenzie can give you peace of mind knowing that plan reflects and will be administered according to your intended wishes.

Frequently asked questions

The Executor is refusing to obtain a Grant of Probate – what should I do?

If an Executor is refusing to obtain a Grant of Probate and you believe that obtaining a Grant of Probate is necessary, you should seek independent legal advice.  In certain circumstances, a person can make application to the Supreme Court of Victoria seeking Orders that the Executor either obtain a Grant of Probate or renounce their executorship.

I believe that I wasn’t properly provided for under a deceased’s Will – can I challenge the Will?

Whether you can challenge a deceased’s Will if you believe that you have not been properly provided for depends on a number of factors including your relationship to the deceased, your financial circumstances, the financial circumstances of others who have been provided for and what, if any, provision has been made for you.  There is no black and white answer to this question.  If you wish to challenge a Will, you should seek independent legal advice regarding your ability to do so and the process involved.

The Executor will not provide me with a copy of the deceased’s Will – what should I do?

Certain people are entitled to receive a copy of the deceased’s Will pursuant to the Wills Act 1997.  If you believe that you are entitled to a copy of the Will and the Executor is refusing to provide you with a copy, you should seek independent legal advice as to whether you have an entitlement to receive a copy.

Do you need legal advice, or have any questions or queries?
Call us today on: (03) 8621 1000 or use our form to get in touch…