Wills & Estates
The Sajen Legal Wills and Estates team understand the complexity of issues involved with the passing of loved ones and will provide you with quality and timely advice. Our team has many years’ experience advising in relation to the following:
- Contesting a Will;
- Estate Litigation;
- Superannuation Claims;
- Estate Planning and Will preparation;
- Asset Protection;
- Enduring Powers of Attorney;
- Advance Health Directives;
- Administration of Deceased Estates;
- Executors Responsibilities and Commissions; and
- Guardianship and Administration.
Our team will help you through any situation that may arise and answer questions you may have.There are strict time limits that may apply for individual Wills and Estates matters so it is important that you speak with a member of our team at the earliest opportunity to protect your rights.
We undertake to all our clients to provide fixed fee quotes wherever possible and be transparent in all our dealings regarding fees.
Disputing an Estate Our property is ours to do with what we wish when we die. Or is it? While Queensland law recognises an individual’s right to testamentary freedom, there are some constraints that prevent this freedom from operating in an unrestricted manner. Estates are often challenged for a variety of reasons. There may be continue reading
Administering an Estate is an important legal obligation. A person will become responsible for the administration of an Estate if they are nominated by the deceased person as their Executor in the Will. In the absence of an express or implied provision for an Executor by the deceased a Court will appoint an administrator, typically continue reading
Having a valid and up to date Will ensures that your assets are dealt with in the way that you want when you pass away. However, it is not always the end of the story. An Estate plan will put into place a strategy for the whole of your estate and help you maximise your continue reading
What is Probate? A Grant of Probate is an official recognition by a Court that a Will is legally valid. Do I need to apply for Probate? In some circumstances it is necessary to make an application for a Grant of Probate. For example an application for a Grant of Probate may be required when continue reading
What is an Enduring Power of Attorney? An Enduring Power of Attorney is a document giving another person the power to make personal and financial decisions on your behalf. It continues to be legal binding if you lose the capacity to make the decisions yourself. To grant an Enduring Power of Attorney a specific form continue reading
One of the most common ways for a Will or deceased Estate to be contested is through a Family Provision Application. It is important for anyone making a Will to keep in mind that the Court is allowed to intervene where a certain person is excluded from a Will. If a family member feels they continue reading
What is an Advance Health Directive? An Advance Health Directive is a way for you to communicate your wishes about medical treatment should you be unable to make decisions about your health treatment in the future. The document allows you to direct in advance how you wish to be treated when critical health issues arise. continue reading
If a person dies without leaving a Will an application will need to be made to the Court which is similar to applying for a Grant of Probate. This application is referred to as Letters of Administration. As there is no Will and no executor it is usually the next of kin that takes on continue reading
It is often said “the first generation builds the business, the second makes it a success, and the third wrecks it”. There are many reasons why an inheritance can simply vanish apart from being squandered by a profligate heir; split by divorce, surrendered to pay creditors or legal costs, or siphoned off by the taxman. continue reading
100If you are appointed the executor of an Estate, it is crucial that you obtain legal advice in order to carry out your responsibilities efficiently and within the law. Upon the death of a person an executor is the chosen to carry out the terms of a Will and to be responsible for the administration continue reading
Whilst most businesses do not survive long after a change in key leadership, our team will assist in establishing a business succession plan to ensure the continuity of their business and the maximum returns to its owners. Succession Planning is an essential issue for all businesses to consider in their strategic planning. We are experts continue reading
Blended families arise where a couple enters a relationship and one or both of them have children from pre-existing relationships. Will makers in this instance often want to leave all their assets to each other in the event that one passes away, but they also wish to ensure that their respective children benefit from their continue reading
What is a Business Will? A Business Will is an agreement that usually takes the form of a buy and sell option. It ensures the smooth transition of the ownership of a business on the event of a death, total and personal disablement or trauma of an owner. Funding for a buy out in a continue reading
Asset protection should be a priority for everyone in their business and personal life. In today’s world we often engage in activities that place our assets at risk. Our goal is to protect and quarantine those assets from risk. A very simple example is to protect your family home from threat as a result of continue reading
If you are the beneficiary of a Will that is being challenged there is a real risk that you may lose your inheritance, or receive less than you rightfully should. Unfortunately challenging a Will is not unusual and becoming more commonplace. Whilst you cannot stop a person making a claim it is important that you continue reading
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