Wills and Estates | Succession Law

Baker O’Brien Toll’s team has an enviable reputation for delivering peace of mind.

 

We are client focused with a wealth of experience.

Your individual estate planning goals are unique to you, and your estate planning needs may be simple or complex. We provide tailored estate planning and administration as well as succession planning for your family business. Our thoughtful and compassionate team can assist you in planning for the future or handling current estate and succession matters.

How we can help you

It’s not something anyone likes to plan for, but thinking about what will happen if something happens to you is essential to ensure your wishes are taken into consideration and your family’s financial interests are protected well into the future.

Whether you’d like to prepare a simple Will or Advanced Health Directive, get advice on more complex succession matters, contest a Will, or make a Family Provision Claim, we can assist you with tailored advice and thoughtful legal services in this area.

Wills

Your Will lets you decide what happens to your money, property and possessions after your death. We advise on how Wills should be structured and have extensive experience in drafting Wills and other testamentary documents. We also provide advice on the interpretation of Wills and beneficiary entitlements. Talk to us about setting up your Will so you can have peace of mind knowing that your wishes will be met.

Probate

We handle all aspects of estate administration, including obtaining Probate and collecting, administering and distributing estate assets.

Estate Planning and Administration

Our team will provide you with assistance on estate planning and asset protection matters, as well as related revenue and superannuation issues. We can also provide commercially focused advice on estate planning, business succession and asset protection matters. We provide our clients and their accountants, financial planners and other advisers with expert advice in all legal aspects of their estate planning.

Succession Planning

Our lawyers can assist family business members by taking into account all assets and tax requirements and the objectives of all stakeholders. We recommend that business structuring and succession planning form part of an integrated family plan so that fair and equitable arrangements are in place and transition can occur as smoothly as possible.

Capacity Contests

If the Will maker did not have testamentary capacity at the time of making the Will, the option of contesting a Will may be open to you. There are a number of tests a Court will apply to determine whether a deceased had testamentary capacity at the time the Will was made.

Family Provision Claims

Contesting a Will is a difficult and emotional decision to make.

If you are entitled to make a claim against a deceased estate, careful consideration needs to be given to your prospects of success. If you have been unfairly left out of a Will, an Application to the Court, known as a Family Provision Application, can be made on your behalf.

Enduring Power of Attorney

A Power of Attorney is a practical necessity and something we recommend to all our clients. As well as providing peace of mind that the right person has been appointed to act on your behalf, it will save your loved ones from the unnecessary stress of a lengthy and expensive process that would need to take place in its absence.

Advanced Health Directives

Another legal document that you may need to consider is an Advance Health Directive (AHD). It is a document that allows you to give directions as to your future health care that will take effect after you lose capacity to make the decision yourself.

Your questions answered

This area of law raises many questions. We can help you with the following common questions and any other question you may have.