Losing a family member is always a difficult time, accompanied by both emotional pain and complex responsibilities that many of us do not want to think about. However, there are times throughout our lives and certain circumstances that require us to think about the future and how our families will cope financially in the event of our deaths.
At McKays Solicitors, we understand the importance of having clear and effective plans in place for the future. We are committed to helping you take control of your affairs now, ensuring that your wishes are honoured and that your family is supported when the time comes.
Our goal is to simplify the complexities of wills, estate planning, and deceased estates, allowing you to make informed decisions with confidence.
What is a Will?
A Will is a legal document that outlines your wishes regarding the distribution of your assets after your death. It allows you to specify who will inherit your property, who will care for your children, and how you want your affairs to be handled.
Why do I need a Will?
Having a well-drafted Will is essential for ensuring that your assets are transferred smoothly and according to your wishes. It makes your intentions clear and legally binding, providing peace of mind that your loved ones will be taken care of in the event of your death.
Additionally, a Will minimises legal disputes and ensures that the process is as quick, simple, and tax-effective as possible.
Estate Planning Support
At McKays Solicitors, our wills and estate lawyers provide expert guidance tailored to your situation and are here to help answer common questions, including:
What sort of Will do I need?
What happens if I die without making a Will?
What happens to jointly owned property?
When should I make a Will?
What happens to my superannuation and life insurance?
Who would be the best person to be an executor?
Who will look after my children?
Can I say how I want my body disposed of?
What if I want to leave a dependent out of my Will?
What will happen to my interest in my business?
Our friendly and expert team is here to ensure your family benefits in the best possible way from your estate when you pass away.
What is an Enduring Power of Attorney? Is it necessary?
An Enduring Power of Attorney allows you to appoint someone you trust to make financial and health-related decisions on your behalf if you become incapacitated. While a Will outlines your wishes for after your death, an Enduring Power of Attorney ensures your affairs are managed during your lifetime if you become unable to do so.
For example, if you are unexpectedly injured or become unwell, your attorney will have the legal authority to act in your best interest. This document can also be beneficial if you plan to travel overseas and need someone to manage property transactions or other important matters in your absence.
See our Wills and Powers of Attorney client guide for more information.
Estate and Business Succession Planning
Your Will is just one part of a comprehensive estate plan. If you own a business, it’s essential to consider how both your business and personal assets will be managed and passed on.
At McKays Solicitors, we can help you structure these assets to minimise risks and ensure your family fully benefits from your wealth, both during your lifetime and after your passing.
See our Asset Protection client guide for more information.
Deceased Estates
Handling the estate of a loved one can be overwhelming, especially if you have been named as an Executor and are unfamiliar with the legal requirements. Our wills and estates lawyers are here to guide you through the deceased estate administration process and help answer common questions, including:
Who pays for the funeral costs?
Is there a “reading of the Will”?
Where do I get the death certificate from?
When should I start dealing with the administration of the estate?
If there is no Will, who is entitled to the deceased person's estate?
What should I do if I have been left out of a Will?
Finalising the Deceased’s Estate
Our experienced team will explain to Executors exactly what needs to be done, how long it will take, and how much it will cost. We handle all the necessary steps to ensure that the intentions of the deceased are carried out, and if you prefer, we can assist with specific tasks, allowing you to take on as much or as little as you feel comfortable with.
Challenging a Will
Being left out of a Will or dealing with a Will that is being challenged can be extremely stressful. Whether you are an Executor or a beneficiary, understanding your rights is essential.
Spouses, former spouses, de facto spouses, children, adopted children, stepchildren, and dependents may all have legal grounds to contest a Will.
We will help you and your family understand your rights when someone has been unfairly excluded from a Will or when the Will is challenged. This is particularly important if you are defending such a claim as an Executor. It’s important to note that strict time limits apply in these situations, so seeking advice as early as possible is crucial, as delays can lead to complications.
Why choose McKays Solicitors?
Transparent & Approachable
Our wills and estate lawyers speak in plain language, free from complex legal jargon, to help you fully understand your options and make informed decisions with confidence.
Comprehensive Legal Services
At McKays Solicitors, we offer a wide range of legal services to support you through every stage of the estate planning and administration process. From drafting wills to managing deceased estates and resolving disputes, we are equipped to handle all your needs with care and professionalism.
Experts in Wills and Estates Litigation
Our team of wills and estate lawyers has extensive experience in estate litigation, ensuring that you receive the highest level of representation. From contested wills to complex estate matters, we are here to protect your rights and interests.
Ongoing Support
Our wills and estate lawyers are here to support you throughout the entire process, ensuring that your estate plan is tailored to your specific needs and wishes. Our goal is to make this experience as positive and stress-free as possible.
Secure Your Legacy with McKays Solicitors
At McKays Solicitors, we are committed to helping you plan for the future with confidence. By working with our team of experienced wills and estate lawyers, you can be assured that your family will be taken care of and your wishes honoured.
Let us take the stress out of estate planning, managing deceased estates, and providing dedicated representation in estate litigation.
Get in touch with an experienced wills and estates lawyer today for expert legal advice on estate law, including wills litigation and other estate litigation matters.
