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Wills & Estates


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Wills & Estates


The transfer of your assets according to your wishes on death takes careful evaluation and insight.

Our estate planning team can guide you through the process of will preparation, including mutual will and some of the more complex will structures including testamentary trusts or special purpose trusts.

Our focus is on clearly documenting your wishes to ensure that your estate is transferred to your beneficiaries as you intended. In doing this will aim to simplify complex issues and take into consideration tax-effective passing of assets and minimising risk associated with future disputed estates.

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Wills


Wills


A good will is a fundamental necessity.  The stakes are high. A homemade will is often a disaster.  Complicated family circumstances such as being in a second marriage with children from a prior marriage or relationship require careful consideration of a range of options.

For some clients, the will is just the starting point of succession planning, and of itself insufficient.  Superannuation death benefits, self-managed superannuation funds, private companies and trusts all require specific attention, as do taxation consequences of dealing with them.  All of these issues need to be dealt with in a cohesive manner.

Justin Hartnett
Principal
Accredited Specialist in Wills & Estates
0419 571 840  | 03 5225 5220
jhartnett@ha.legal
au.linkedin.com/justinhartnett


Andrew Robson
Principal Lawyer
Accredited Specialist in Wills & Estates
0400 857 269  | 03 5329 6920
arobson@ha.legal
au.linkedin.com/andrewrobson1


Allison Bruce
Principal Lawyer
0400 408 167  | 02 6041 0701
abruce@ha.legal
au.linkedin.com/Allison-bruce


Daniela Pavlovic
Special Counsel
0417 014 455  | 03 5225 5227
dpavlovic@ha.legal
au.linkedin.com/danielapavlovic


Sarah Cohen
Senior Associate
0409 555 637  | 03 5226 8574
scohen@ha.legal
au.linkedin.com/sarahcohen

Related Blogs

The “sting-in-tail” of overseas luxuries

Deceased Estates – Commonly Asked Questions

Travelling overseas – got your estate plan in place?

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Testamentary Trust Wills


Testamentary Trust Wills


Where it is appropriate we recommend testamentary trust wills.  These are wills which include a gift of the estate, or part of the estate, to a discretionary trust or trusts.

We have a range of sophisticated testamentary trust will options which are kept up to date and are state of the art.  

These types of wills can provide asset protection for your spouse and children as well as tax savings.

Justin Hartnett
Principal
Accredited Specialist in Wills & Estates
0419 571 840  | 03 5225 5220
jhartnett@ha.legal
au.linkedin.com/justinhartnett


Andrew Robson
Principal Lawyer
Accredited Specialist in Wills & Estates
0400 857 269  | 03 5329 6920
arobson@ha.legal
au.linkedin.com/andrewrobson1


Allison Bruce
Principal Lawyer
0400 408 167  | 02 6041 0701
abruce@ha.legal
au.linkedin.com/Allison-bruce


Daniela Pavlovic
Special Counsel
0417 014 455  | 03 5225 5227
dpavlovic@ha.legal
au.linkedin.com/danielapavlovic


Sarah Cohen
Senior Associate
0409 555 637  | 03 5226 8574
scohen@ha.legal
au.linkedin.com/sarahcohen

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The family farm and succession planning


The family farm and succession planning


Justin Hartnett
Principal
Accredited Specialist in Wills & Estates
0419 571 840  | 03 5225 5220
jhartnett@ha.legal
au.linkedin.com/justinhartnett


Andrew Robson
Principal Lawyer
Accredited Specialist in Wills & Estates
0400 857 269  | 03 5329 6920
arobson@ha.legal
au.linkedin.com/andrewrobson1


Allison Bruce
Principal Lawyer
0400 408 167  | 02 6041 0701
abruce@ha.legal
au.linkedin.com/Allison-bruce

Daniela Pavlovic
Special Counsel
0417 014 455  | 03 5225 5227
dpavlovic@ha.legal
au.linkedin.com/danielapavlovic


Sarah Cohen
Senior Associate
0409 555 637  | 03 5226 8574
scohen@ha.legal
au.linkedin.com/sarahcohen

Succession planning in relation to the family farm can be a difficult exercise.  If it is poorly done it can lead to permanently damaged family relationships, perhaps the loss of a farm, and very substantial legal costs incurred by some family members disputing your estate.

Comprehensive planning and the careful structuring of ownership can alleviate many problems that might otherwise arise.

We involve lawyers from our Wills and Estates Department, Business Law Department and our Taxation Law Department as required when working on these succession issues.  Not only do clients need to consider who should take control of the farm in future, but how non-farming children should be provided for, what risks there might be of a challenge to the will, what alternative ownership options ought to be considered, including a discretionary trust, and what taxation consequences will follow from different options.

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Superannuation death benefits


Superannuation death benefits


Justin Hartnett
Principal
Accredited Specialist in Wills & Estates
0419 571 840  | 03 5225 5220
jhartnett@ha.legal
au.linkedin.com/justinhartnett


Andrew Robson
Principal Lawyer
Accredited Specialist in Wills & Estates
0400 857 269  | 03 5329 6920
arobson@ha.legal
au.linkedin.com/andrewrobson1


Allison Bruce
Principal Lawyer
0400 408 167  | 02 6041 0701
abruce@ha.legal
au.linkedin.com/Allison-bruce

Daniela Pavlovic
Special Counsel
0417 014 455  | 03 5225 5227
dpavlovic@ha.legal
au.linkedin.com/danielapavlovic


Sarah Cohen
Senior Associate
0409 555 637  | 03 5226 8574
scohen@ha.legal
au.linkedin.com/sarahcohen

Related Blogs

Who gets your super when you die?

Payment of superannuation benefits on the death of a person is a complex legal area.

Some superannuation funds allow members to make nominations in relation to their superannuation benefits upon death whereby the member nominates a particular beneficiary.  The choice of beneficiaries is very narrow under the law. Some funds allow these nominations to be binding, but many do not. Many binding nominations lapse after three years, but not all.

Great care needs to be taken in relation to the above options.  A nomination is like a will in relation to your superannuation, and often governs an asset of very substantial value.  This applies regardless of whether the superannuation benefits are in an industry fund, a retail fund, or a self-managed superannuation fund.

We offer expert advice in relation to disputes concerning superannuation death benefits and applications to the Superannuation Complaints Tribunal.

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Substitute Decision Making


Substitute Decision Making


If you lose capacity, who should be able to make decisions on your behalf?  We provide comprehensive services in relation to all aspects of substitute decision making.

You can take control of your future by appointing selected people to:

  • have power over your assets and finances;

  • make lifestyle decisions on your behalf; and

  • make decisions about medical treatment on your behalf.

Justin Hartnett
Principal
Accredited Specialist in Wills & Estates
0419 571 840  | 03 5225 5220
jhartnett@ha.legal
au.linkedin.com/justinhartnett


Andrew Robson
Principal Lawyer
Accredited Specialist in Wills & Estates
0400 857 269  | 03 5329 6920
arobson@ha.legal
au.linkedin.com/andrewrobson1


Allison Bruce
Principal Lawyer
0400 408 167  | 02 6041 0701
abruce@ha.legal
au.linkedin.com/Allison-bruce

Daniela Pavlovic
Special Counsel
0417 014 455  | 03 5225 5227
dpavlovic@ha.legal
au.linkedin.com/danielapavlovic


Sarah Cohen
Senior Associate
0409 555 637  | 03 5226 8574
scohen@ha.legal
au.linkedin.com/sarahcohen

Related Blogs

Losing capacity – don’t leave it too late

Changes to law in relation to medical treatment decision making.

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Enduring power of attorney


Enduring power of attorney


We prepare enduring powers of attorney for both financial and personal matters and we tailor these to meet your requirements.  Very substantial powers are given to whoever is appointed as the attorney.

Justin Hartnett
Principal
Accredited Specialist in Wills & Estates
0419 571 840  | 03 5225 5220
jhartnett@ha.legal
au.linkedin.com/justinhartnett


Andrew Robson
Principal Lawyer
Accredited Specialist in Wills & Estates
0400 857 269  | 03 5329 6920
arobson@ha.legal
au.linkedin.com/andrewrobson1


Allison Bruce
Principal Lawyer
0400 408 167  | 02 6041 0701
abruce@ha.legal
au.linkedin.com/Allison-bruce

Daniela Pavlovic
Special Counsel
0417 014 455  | 03 5225 5227
dpavlovic@ha.legal
au.linkedin.com/danielapavlovic


Sarah Cohen
Senior Associate
0409 555 637  | 03 5226 8574
scohen@ha.legal
au.linkedin.com/sarahcohen

Related Blogs

Travelling overseas – got your estate plan in place?

Changes to law in relation to medical treatment decision making.

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Appointment of medical treatment decision maker


Appointment of medical treatment decision maker


This document enables you to appoint someone to make decisions on your behalf about medical treatment if you are incapable.  We strongly advocate the preparation and signing of these by our clients, as do medical professionals and hospitals.

We also prepare Advance Care Directives and provide comprehensive advice about issues surrounding these.

Justin Hartnett
Principal
Accredited Specialist in Wills & Estates
0419 571 840  | 03 5225 5220
jhartnett@ha.legal
au.linkedin.com/justinhartnett


Andrew Robson
Principal Lawyer
Accredited Specialist in Wills & Estates
0400 857 269  | 03 5329 6920
arobson@ha.legal
au.linkedin.com/andrewrobson1


Allison Bruce
Principal Lawyer
0400 408 167  | 02 6041 0701
abruce@ha.legal
au.linkedin.com/Allison-bruce

Daniela Pavlovic
Special Counsel
0417 014 455  | 03 5225 5227
dpavlovic@ha.legal
au.linkedin.com/danielapavlovic


Sarah Cohen
Senior Associate
0409 555 637  | 03 5226 8574
scohen@ha.legal
au.linkedin.com/sarahcohen

Related Blogs

Losing capacity – don’t leave it too late

Changes to law in relation to medical treatment decision making.

iStock_000027076664XLarge-Applications.jpg

Guardianship and Administration Tribunal


Guardianship and Administration Tribunal


If you do not appoint an enduring power of attorney, then the Guardianship & Administration Tribunal might have to appoint someone to be your Administrator and/or Guardian.  It might appoint someone you would not have selected yourself, so it is preferable that you sign the necessary documents to appoint who you want.

We provide comprehensive services in relation to all aspects of substitute decision making.  We also make applications to the Guardianship & Administration Tribunal and appear in disputes before that Tribunal. 

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Capacity issues


Capacity issues


There have been many significant court cases in recent years concerning the question of whether a person had the legal capacity to make a decision or sign a document.  Measuring capacity can be a complex task. We offer experienced guidance in this field. 

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Estates


Estates


Justin Hartnett
Principal
Accredited Specialist in Wills & Estates
0419 571 840  | 03 5225 5220
jhartnett@ha.legal
au.linkedin.com/justinhartnett


Andrew Robson
Principal Lawyer
Accredited Specialist in Wills & Estates
0400 857 269  | 03 5329 6920
arobson@ha.legal
au.linkedin.com/andrewrobson1


Allison Bruce
Principal Lawyer
0400 408 167  | 02 6041 0701
abruce@ha.legal
au.linkedin.com/Allison-bruce

Daniela Pavlovic
Special Counsel
0417 014 455  | 03 5225 5227
dpavlovic@ha.legal
au.linkedin.com/danielapavlovic


Sarah Cohen
Senior Associate
0409 555 637  | 03 5226 8574
scohen@ha.legal
au.linkedin.com/sarahcohen

Related Blogs

Deceased Estates – Commonly Asked Questions

The “sting-in-tail” of overseas luxuries

Travelling overseas – got your estate plan in place?

Changes to law in relation to medical treatment decision making.

Administering an estate can be a challenging task.  We have substantial resources and experience in relation to probate applications and estate administration.  This is a complex area and executors need to be careful.

We guide executors through the sometimes lengthy process to ensure the terms of the will are carried out and the executors obligations are met.

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Probate applications


Probate applications


Justin Hartnett
Principal
Accredited Specialist in Wills & Estates
0419 571 840  | 03 5225 5220
jhartnett@ha.legal
au.linkedin.com/justinhartnett


Andrew Robson
Principal Lawyer
Accredited Specialist in Wills & Estates
0400 857 269  | 03 5329 6920
arobson@ha.legal
au.linkedin.com/andrewrobson1


Allison Bruce
Principal Lawyer
0400 408 167  | 02 6041 0701
abruce@ha.legal
au.linkedin.com/Allison-bruce

Daniela Pavlovic
Special Counsel
0417 014 455  | 03 5225 5227
dpavlovic@ha.legal
au.linkedin.com/danielapavlovic


Sarah Cohen
Senior Associate
0409 555 637  | 03 5226 8574
scohen@ha.legal
au.linkedin.com/sarahcohen

Related Blogs

Deceased Estates – Commonly Asked Questions

Dealing with a deceased estate – what’s probate?

We make applications for probate and letters of administration in relation to wills.  Sometimes these are contested. We offer specialist advice and considerable experience in relation to these disputes. 

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Caveats


Caveats


Justin Hartnett
Principal
Accredited Specialist in Wills & Estates
0419 571 840  | 03 5225 5220
jhartnett@ha.legal
au.linkedin.com/justinhartnett


Andrew Robson
Principal Lawyer
Accredited Specialist in Wills & Estates
0400 857 269  | 03 5329 6920
arobson@ha.legal
au.linkedin.com/andrewrobson1


Allison Bruce
Principal Lawyer
0400 408 167  | 02 6041 0701
abruce@ha.legal
au.linkedin.com/Allison-bruce

Daniela Pavlovic
Special Counsel
0417 014 455  | 03 5225 5227
dpavlovic@ha.legal
au.linkedin.com/danielapavlovic


Sarah Cohen
Senior Associate
0409 555 637  | 03 5226 8574
scohen@ha.legal
au.linkedin.com/sarahcohen

A caveat can be lodged with the Probate Office to temporarily prevent a grant of probate.  It is occasionally necessary to lodge a caveat and we have experience in managing this process and the court proceedings which follow.

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Disputes


Disputes


We regularly act for executors defending wills when claims are made by people challenging a will, and we act for claimants bringing claims against executors when wills are inappropriate.

We also deal with other types of estate disputes which often involve court proceedings.

We also handle applications to the Guardianship & Administration Tribunal in relation to guardianship and administration matters and disputes in relation to powers of attorney. 

Justin Hartnett
Principal
Accredited Specialist in Wills & Estates
0419 571 840  | 03 5225 5220
jhartnett@ha.legal
au.linkedin.com/in/justinhartnett


Richard Anderson

Principal
Accredited Specialist in Commercial Litigation
0419 533 974  | 03 5226 8524
randerson@ha.legal
au.linkedin.com/in/richardandersonha