Wills & Estates
Wills & Estates
Darwin Family Law can help you with all of your Estate and Administration requirements. We have experienced practitioners specialising in:
Advanced Care Plans;
Applications for Grants of Probate and Letters of Administration; and
Family Provision Claims.
We recommend that you make a valid will so you decide who will inherit your assets and administer your estate. If you do not leave a valid will, others will decide who will receive your assets and administer your estate. We often see improperly executed and invalid ‘do it yourself’ will kits that cause significant legal issues with the subsequent administration of the estate. We can assist you with your estate matters so that should the unexpected happen, that your loved ones will not be burdened with additional legal uncertainty at their time of loss.
Advanced Care Plans
Previously known in some jurisdictions as Enduring Powers of Attorney, an Advanced Care Plan ensures that should you be unable to manage your own personal affairs, your nominated decision maker/s can make informed decisions in your interests - consistent with your expressed wishes (for example regarding your future medical care and your financial interests).
Probate and Estate Administration
If your loved one has left a valid will you will likely need to apply to the Northern Territory Supreme Court for a Grant of Probate appointing the executor to administer the estate. If there is no valid will you will need to apply to the Court for Letters of Administration appointing an Administrator to administer the estate. We can assist you to obtain a grant from the Court and also to administer the estate.
Family Provision claims
Sometimes when a person passes away, for a variety of reasons they may not have adequately provided for a family member or dependant. In these circumstances you may be able to make a claim under the Family Provision Act. Note there are time limits for making a claim so you should obtain legal advice as soon as possible.