Wills and estate planning for Newcastle clients
A valid, professionally drafted will is the foundation of sound estate planning. Without one, your estate may be distributed according to the statutory intestacy rules under the Succession Act 2006 (NSW), which may not reflect your wishes and can create significant difficulties and expense for those you leave behind.
Julia Clarke Solicitor prepares wills and estate planning documents for clients across Newcastle and the Hunter region. We take the time to understand your family circumstances, assets, and objectives before drafting documents that accurately reflect your intentions and are legally sound.
Will drafting
We prepare wills for individuals and couples across Newcastle. A well-drafted will should appoint your executor, make clear and unambiguous gifts of specific assets, deal with the residue of your estate, and address contingencies such as beneficiaries predeceasing you. We advise on testamentary trusts for clients with significant assets, blended families, or beneficiaries with special needs.
Enduring powers of attorney
An enduring power of attorney authorises a person you trust to manage your financial and legal affairs in the event you lose capacity. Without one, your family may need to apply to the NSW Civil and Administrative Tribunal (NCAT) for a financial management order, which is time-consuming and costly. We prepare enduring powers of attorney and advise on the scope of the authority granted.
Appointments of enduring guardian
An appointment of enduring guardian authorises someone to make decisions about your personal care, health, and lifestyle if you are unable to do so yourself. This document is separate from a power of attorney and must comply with the Guardianship Act 1987 (NSW). We prepare appointments of enduring guardian for Newcastle clients as part of a complete estate planning package.
Testamentary trusts
A testamentary trust is a trust created by your will that comes into effect on your death. It can provide significant tax benefits for beneficiaries, protect assets from relationship breakdown, and provide for beneficiaries who are minors or who have difficulty managing money. We advise Newcastle clients on whether a testamentary trust structure is appropriate for their circumstances.
Estate administration
We administer deceased estates following a grant of probate or letters of administration, from the initial inventory of assets through to the final distribution to beneficiaries. Our wills and estates practice is one of our busiest and we provide a compassionate but efficient service to executors and beneficiaries dealing with a loved one's estate.
Family provision claims
Under the Succession Act 2006 (NSW), eligible persons who have been left without adequate provision from an estate may apply to the Supreme Court for a family provision order. We advise Newcastle clients on both sides of family provision disputes, including executors responding to claims and eligible persons considering making a claim.