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WILLS & ESTATES

WILLS & ESTATES
WILLS

At CMI Legal, our Wills and Estate Planning Lawyers think that safeguarding and protecting your assets is a critical step to ensure that your loved ones are taken care of in the event of your absence or sudden death. A Will is a vital step in having your paperwork in order.
Though thinking about your Will might be intimidating, it is a vital activity that should be taken seriously. A successful Will may safeguard those you love and care about, as well as make the process of administering your estate less stressful for your near and dear ones.

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Our experienced Lawyers at CMI Legal can assist you with following facilities:-

  • Estate planning- It helps to identify the most effective asset protection mechanisms, considering tax minimisation, reviewing your ownership structure. It also helps in essential re-building of family business frameworks, minimize potential claimants against your estate, and implement effective estate planning documents such as testamentary discretionary trusts, family trust deeds, superannuation deeds, and superannuation death binding nominations.
  • Regardless of the amount of your property, your Wills and Estate Planning, including Testamentary Trusts, necessitate a great deal of care and consideration. Failure to adopt appropriate Estate Planning to protect your assets carries a number of hazards:-
    • Unjustified tax consequences and unwanted financial strain on your family members after you passed away.
    • Your estates are at risk of being claimed by those you do not wish to benefit.

Our skilled  Planning Lawyers at CMI Group can assist you in navigating the complexities of determining such personal choices as who you want to be your Will’s beneficiaries and who you want to appoint as Executor.

  • Drafting and consulting on your Power of Attorney, including Enduring Power of Attorney and General Power of Attorney. Each power of attorney can be customized to allow the attorney to manage the principal’s financial affairs in the manner that he desires.
  • Drafting and consulting on your appointment of Enduring Guardianship, which is a document that gives your guardian the authority to make a variety of lifestyle and medical decisions on your behalf, such as your place of residence or health care services, if you become partially or completely incapable of managing your affairs.
  • When a person dies and leaves a Will, the executor/executors named in the Will may require to apply for a Grant of Probate from the Supreme Court of the respective jurisdiction in order to manage and distribute the deceased’s properties according to their Will.
  • Applying for a Letters of Administration may be required in order to allow the estate administration to legally handle the dead person’s property if the deceased died without making a valid Will. Whether or not the deceased has left a Will, our expert Wills Lawyers can guide you through each process, noting any time limits or exceptions.
Is it necessary to make a Will?

If you pass away without leaving a Will, you are considered to have died intestate. If this happens, your property will be divided in accordance with state legislation. Of course, this is beyond your control, and it is possible that your assets will not be allocated as you would prefer. Making a Will gives you the assurance that you have expressed your desires for how your possessions should be divided and administered. Regardless of the amount of your estate, you do not want expensive legal conflicts over your assets to occur. Disputes between potential beneficiaries can quickly deplete an estate, and having a well-drafted Will is the initial step to avoid this. While it is theoretically possible to write a Will that will leave your wealth to whoever you want; it is critical to seek legal counsel on this. If you have any newborn children or other relatives, this may be relevant. In circumstances involving mixed families or estranged offspring, the consequences of leaving someone out of a Will must be carefully considered, as well as the likelihood of an expensive legal struggle.

Why do we advise you to update your will?

It is recommended to examine your Will on a regular basis. If your personal situation changes, it becomes vital to update your Will to reflect the new circumstances. Marriage, divorce, the birth of children, and any change in your financial circumstances, such as receiving an inheritance or purchasing a home, are all important life events that should prompt you to update your Will.

Importance of selecting an Executor

While it may be easy to name your nearest one or eldest kid as Executor just because it appears to be the proper thing to do, it is crucial to assess if the person you are considering selecting as Executor has the competence to carry out the task. Prior to creating or amending a Will, it is critical to seek legal guidance from our skilled s Lawyer at CMI Group. A legitimately made, properly witnessed, and updated Will is a smart first step to ensure that your property is distributed according to your wishes after your demise.

How can you challenge a Will?

You have the right to contest, challenge, or dispute a Will if you were left out or received an unfair share of the Property. You can oppose a Will by opposing the legitimacy of the Will or challenging the sum of money left to you under the Will. Disputes over the authenticity of Wills or their beneficiaries happen in a variety of situations. Occasionally, unsatisfied heirs approach the Court to challenge the validity of the Will. The following are possible scenarios:

  • When two Wills are written close together.
  • When there is a question as to whether the deceased had the mental ability to make the Will at issue.
  • When there is a question regarding whether the testator actually carried out his or her will.
How can you challenge a Will?

If you want to challenge a Will due to it is discriminatory or fraudulent nature, or the decedent was influenced when the Will was written, you should hire a lawyer quickly as possible for a consultation because your claim may be subject to time constraints. Your lawyer will ask you questions about your relationship with the dead, the details surrounding the drafting of the discriminatory Will in question, the terms of the unfair Will, and why you believe the Will is unfair during the consultation. In order to analyse the type and merits of your claim, your lawyer may request additional documentation from you.

If you are appointed as an Executor, what shall be your duties?

If you are chosen in a Will or appointed by the court to be the executor of a Will or the manager of a property, you may be responsible for defending it or trying to uphold the terms of the Will in the event of a challenge. There are other responsibilities associated with challenges, such as supplying pertinent information upon a court’s request. Other responsibilities of an Executor include:-

  • Protecting, collecting, and assembling the deceased’s estate’s real and personal property.
  • Taking care of all estate bills and obligations.
  • Notifying all relevant parties, including recipients of the will, and submitting an inventory of the estate’s assets to the Supreme Court.
  • Applying to the Supreme Court for the requisite Grant of Probate or, Letters of Administration if required.
  • Taking the actions necessary to transfer the inheritance in accordance with the deceased’s Will.
How can our lawyers assist you in this?
  • Our lawyers will guarantee that the relevant court documents are prepared to the Supreme Court’s satisfaction, and will give you direction to ensure that all legal responsibilities imposed by the Court on an Executor are met and followed on time.
  • Our lawyers will see if the challenge to the Will was filed within the specified time restriction or if it was filed outside of it, keeping in mind that there are tight time constraints for filing a claim, which vary by state.
  • Our lawyers will cross-check that the individual contesting the Will is legally entitled to bring a claim against the Estate.
  • Our lawyers will tell you what kind of proof you’ll need to effectively defend a challenge  imposed on will.
Estate Planning

To help your dear ones in the case of your incapacity or death, our Estate Planning Lawyers at CMI Group believe that preserving and protecting your assets is critical. As you earn income or begin the process of acquiring money, it is critical to safeguard your property in a way that guarantees you have enough money for retirement and that your assets are passed to your loved ones according to your wishes.

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The risks involved with neglecting to adopt adequate Estate Planning to secure your assets highlight the importance of estate planning. These dangers may include:-

  • Your assets are not being distributed to the individuals you want to benefit.
  • After your death, there may be tax ramifications and an unwanted financial burden on your dear ones

It is critical to seek legal guidance as soon as possible from an expert Wills and Estates Planning Lawyer. When people design their own estate plans, they frequently create documents that subsequently prove to be illegal and so unenforceable for a variety of reasons. This might cause havoc for people you leave behind, potentially generating disharmony and wasting their time and money to straighten it all out.

Our estate planning lawyers at CMI Group have considerable experience in all aspects of wills and estates and can help you with the following:-

  • Wills, both simple and complex
  • Attorney’s Powers
  • Enduring Guardian Advanced Care Directive Appointments
  • Trusts for Tes­ta­ment
  • Advice about superannuation, including Self-Managed Superannuation Funds
Why Deceased Estate Planning is necessary?

Thinking of estate planning, what we really mean is that we work with you to help you make decisions about what you really want to happen to your property if you lose capacity to manage your own affairs or if you die. The development of a well-thought-out and well-drafted Will is an important component of estate planning and a service that our professional  Lawyers at CMI Group can provide. Planning ahead of time for how you want your property divided after you die might save your near and dear ones  a lot of sorrow. Estate planning can also help ensure that the properties you’ve worked hard to acquire aren’t exhausted by expensive legal fights after your death, which emerge simply because you didn’t specify how you wanted your property distributed. Our team includes qualified Wills and Estate Planning lawyers  at CMI Group who are experts in this field.

How can our team help in the cases of Power of Attorney?

A Power of Attorney is a legal document that permits you to appoint someone else to make decisions on your behalf if you are unable to do so yourself. Any decision you make as the holder of a Power of Attorney will have the same legal impact as if the person appointed by you made it themselves. It’s always a good idea to plan ahead, not just for expected end-of-life occurrences, but also for things like travelling abroad for an extended length of time and needing somebody to take care of things back home. If you or someone you know or care about is thinking of appointing a Power of Attorney or an Enduring Guardian, it’s critical that you understand the implications of the appointment as well as the responsibilities that come with it. To ensure that the appointment is legally valid, all relevant forms must be filled accurately.

Our Wills and Estates Lawyers at CMI Group have extensive experience in assisting clients with these important decisions and can assist you courteously and with clear explanation to you about our processes to draft required documents to ensure that they are clear and legal.

What are the Family Provision Claims?

Disputes over a property can arise for a variety of reasons, such as when a person thinks he or she has been left out of a Will or did not receive a share of money he or she expects to receive. Our skilled Wills and Estates Lawyers at CMI Group can give you comprehensive guidance on these areas, whether you are dealing with a challenged Will or contesting a Will before or after a Grant of Probate. They can also advise you on whether you are eligible to contest a Will or Probate once it is granted on a timely basis, as there is a time restriction. However, leaving a Will can sometimes be inadequate under the law if an eligible person, or someone who might have been anticipated to benefit from the provision, is deemed to be underserved. While each state’s Succession Act covers Family Provision Claims, the Succession Act 2006 (NSW) governs these claims in New South Wales.

To successfully dispute a Will and prevail on a Family Provision claim, you must not only meet the eligibility requirements, but also be able to show that the decedent failed to make enough provision for you in the Will. When assessing any claim, the Court will consider the claimant’s financial situation as well as their relation with the decedent. The size of the property, other persons who are qualified to make a claim on the estate, and the decedent’s relation with other eligible recipients will all be considered by the Court.

Family Provision Claims are evaluated on a case by case basis based upon the facts of the case. Our skilled Family Provision Claims Lawyers at CMI Group can advise you about how to proceed with the goal of managing and resolving the disagreement without needless costs and with the least amount of inconvenience and stress for all parties. In addition, our lawyers can help you with issues such as intestacy (when no Will is left by the deceased) contends relating to testamentary capacity, undue influence, or when the ability of the will-maker, principal of a power of attorney, or appointment of an enduring guardian is in question, and general advice on executor duties.

Our lawyers understand that Family Provision Claims can be extremely stressful for all parties involved, and they look forward to collaborating with you to reach a successful conclusion.

What is Probate and how can our lawyers help you out in this?

It is an extremely stressful period for everyone concerned when a loved one has passed away. Aside from the emotional loss that many people experienced at this time, there are essential legal formalities to consider in order to guarantee that the decedent’s desires are carried out properly. Even if the decedent has a Will, fulfilling their instructions may not be as simple as it appears. Probate may be required in several circumstances. It is a legal process that is sometimes required to authenticate a deceased person’s Will in order for an Executor specified in the Will to carry out their desires. Each Australian state has its own procedure for applying for probate. In NSW, an executor listed in a Will must apply for a Grant of Probate at the Supreme Court of NSW within 6 months of the date of death, unless there is a valid excuse.

Our skilled Probate Lawyers at CMI Group can assist you with all aspects of the probate process, especially gathering required information and tracking the estate’s assets and obligations. They can also help you apply for a grant of probate or letters of administration, as well as manage the estate’s administration after the grant of probate or letters of administration has been granted.

Why is Estate Litigation necessary?

A variety of other property litigation and challenges to a Will can be introduced by both recipients and other interested parties, in addition to Family Provision Act Claims, which are decided to bring when an individual believes they have been unfairly excluded as a recipient of a Will or that any provisions made for them are insufficient. It can be a difficult and stressful moment if you are a recipient or an Executor entrusted with dividing a property that has become disputed. Our skilled and experienced Lawyers at CMI Group can provide you with advice and guidance on a wide range of estate litigation matters, assisting you in reaching a speedy and satisfying settlement of any dispute.

For a variety of reasons, property litigation is frequently emotional and diligently contested, not the worst of which the parties to a disagreement frequently find themselves vulnerable and distressed before the conflict even occurs. Family situations are frequently complicated, and the disagreements that occur in the context of a deceased estate might span years. Given the financial and personal implications, you should hire experienced Lawyers who you can trust and who have worked with parties in similar situations. Please call our Lawyers as soon as possible to discuss your case. We at CMI Group are here to assist you and look forward to collaborating with you to resolve any disagreement as quickly and inexpensively as possible.

What is a Letters of Administration and why is it required?

If a person dies intestate (without making a Will), a Grant of Letters of Administration is required instead of a Grant of Probate. That is to say, the person passes away:-

  • without a Will
  • with a Will but it is not recognised in law because it fails to efficiently dispose of all or part of the deceased’s properties
  • has a Will, but the executor is not selected in the Will or unable to execute the Will.

The Supreme Court of the appropriate State jurisdiction issues a Grant of Letters of Administration, which authorises the representative to represent the decedent’s property and divide them. An exhaustive search for the Will among the decedent’s personal things, as well as inquiries made with their banks, lawyers, and accountants, must be conducted before filing an application for a Grant of Letters of Administration. If the decedent left a valid Will, the executor  can file for a Grant of Probate instead of letters of administration. 

An administrator in NSW must apply for Letters of Administration within six months following the date of death. If an application is filed after 6 months, an affidavit of delay must be submitted to the Supreme Court of NSW to explain the delay.

Our skilled Probate Lawyers at CMI Group can help with all aspects of the Letters of Administration process, including locating the Will, acquiring the relevant information, and tracking the property’s liabilities. They can also help with the application for Letters of Administration and the administration of the estate once Letters of Administration have been obtained.

FREE CONSULTATION

Contact us on +61 2 8386 8592 or come visit us at our personal office or you can mail us at [email protected] and we will get you a personal consultation from one of our Will and Estate lawyers. 

*Free consultation is limited to 15 minute phone call for us to give preliminary advice

team
8
John Zhang
Principal
Matthew
Matthew Wu
Director
Winnie Tang-Headshot (white background)
Winnie Tang
Lawyer
Rita
Rita Lam
Lawyer
bf3b82e0863aca544c863826dd98801
Miranda Zeng
Lawyer
BEN01345
Malorie Tan
Lawyer
faq’s

A Will is a written document signed by you that specifies who will handle your property and who will receive your property after you passed away.

Some benefits are:-

  • To specify your wishes on the distribution of your estate
  • To save your family money, time, and effort in managing your property

Your Will is a written statement of your wishes for the distribution of your property when you pass away. It  is the only document that formally and legally recognises your objectives. Only if all of the specified beneficiaries agree or if a Judge issues a Court Order can a person who is not mentioned as a beneficiary in a Will receive a dividend from the property.

Our Executor is responsible for identifying all of your property and liabilities, obtaining a Grant of Probate (if necessary), paying off all of your debts with your assets, and distributing your properties according to your Will. If your Will is challenged, your Executor is responsible for defending it. 

You have complete control over who receives your property as heirs. It might be your spouse, children, grandchildren, friends, brothers and sisters, or a charitable organisation. 

Testimonials

Xunran Cheng
2022-04-12
John and his team helped my family on three property purchases, two business contract negotiations, and many visa applications, all with professional, efficient, and trustworthy legal services. Thank you all!
nancy zeng
2022-04-12
感谢CMI 律师认真负责任,非常专业的给我们服务。 我们家庭几乎所有的相关业余都交给了CMI律所,四年来,一直给我们服务,我们非常的满意!
Wilson Zhang
2022-04-11
We had a nice experience working with CMI to purchase a property, where they reviewed the contract of sale quickly but carefully, and prepared negotiation terms to communicate with vendor's solicitor. Their professional works helped my settlement process as simple as nod & sign. Great works and thank you!
xiang lin
2022-04-08
I am looking forward to our next meeting.We appreciate finding such professional team as CMI.
Phoenix
2022-04-03
Excellent service! Very efficient and friendly. John is very professional and helpful. Highly recommend !!!
Christina Chan
2021-12-07
Thanks so much John and Miranda. Second purchasing experience with your team! Professional and reliable! Highly recommend to everyone.
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