Estate Planning & Administration

Wills & Estate Planning

Our streamlined estate planning solutions offer you and your loved one clarity & peace of mind.

At Lewis & McNamara, we understand the prospect of making a Will and Estate Planning can be quite overwhelming; it can seem like the considerations are endless.

The key to our success is our personalised approach to estate planning. Our solicitors work with you to ensure that your Will is tailored to meet the complexity of your personal circumstances whilst providing clarity of intentions and wishes to your loved ones.

We will seamlessly guide you through every aspect of your estate plan.

Our experienced solicitors offer their knowledge and expertise to guide you through seamlessly.

Distribution of your assets
Payment of your debts
The tax consequences of your estate plan
Effectively dealing with assets held in trusts or companies
Preservation of your property for your children
Your wishes to be buried or cremated, to name just a few

What Is an Enduring Power of Attorney?

An enduring power of attorney is a document that appoints another person to act on your behalf, even in circumstances where you are unable to act yourself.

You may appoint a power of attorney to act on your behalf for financial matters, such as the operation of your bank accounts and the transfer of your property or for personal matters, like health care and housing. Your attorney's powers can be as broad or as narrow as you like.

Our team will work with you to ensure your Enduring Power of Attorney is well-considered and truly reflective of you and your objectives.
What Is an Advanced Health Directive?

Some advanced healthcare decisions cannot be made by your attorney. It would be best if you made them with the assistance of your doctor. While your doctor will consult with your attorney, the only way to ensure your wishes will be fulfilled is to prepare an Advanced Health Directive with your doctor. The Advanced Health Directive is a series of questions about your health care wishes which you complete with your doctor and then sign in the presence of a solicitor or justice of the peace to confirm your instructions. Importantly this includes the decision to refuse treatment where you suffer from a terminal illness.

Our team will work with you to ensure your Advanced Health Directive is well-considered and truly reflective of you and your objectives.

Estate Administration & Probate

We help you move on with clarity, security & closure.

At Lewis and McNamara, our team of dedicated solicitors will work with you to seamlessly navigate you through the myriad of legal complexities involved in administering the estate of a loved one.

We pride ourselves on being able to provide a plain English explanation of the processes involved in administering an estate and dealing with all estates, no matter how large or small, with the same professional approach.

We offer peace of mind on every aspect of administering your estate

The transfer of real property
The transfer of shareholdings and personal property such as vehicles or jewellery
The release of assets from financial institutions such as banks to the estate
Collection of any debts owing to the estate, including loans payable to the deceased
Management of any will challenges or other legal matters outstanding against the deceased.
Assistance with the administration of any trust created in a will
The bequeathing of specific gifts to beneficiaries that are listed in the Will
The distribution of the estate to beneficiaries in accordance with the Will

What Is Probate?

If you're named as executor in someone's Will, you're responsible for carrying out the terms of the Will when they die. To do this, you may have to apply for probate.

Probate is the formal seal of a will by the Supreme Court. It provides the executors of the estate with certainty regarding the administration of the estate.

To do this, you may have to apply for probate, which is the court's recognition that the Will is legally valid and you're authorised to deal with the estate.
When Is Probate Required?

Probate is required in circumstances where banks, superannuation funds or other institutions require it to release funds or transfer assets to the estate. Probate may also be necessary in circumstances where there may be a contested administration of the estate.
What Are Letters Of Administration?

The grant of Letters of Administration is a grant of authority from the Supreme Court to a person to administer an estate where someone dies without a will or an incorrectly drawn will. There are rules that govern who will be appointed to administer an estate in the absence of a will and how the estate is to be administered. The order of priority in which a family member will be appointed as administrator is spouse, adult children, parents and then siblings. There is a similar order of priority for the distribution of assets from an estate where there is no will.