Probate

The death of a person, especially a family member, is a very stressful and emotional time for family and friends.

This Firm can help and alleviate the stress and often confusion that surrounds the death of a loved one by offering expert advice in how to approach such a situation. The Firm is especially mindful of the obligations and responsibilities that are placed on a person who has been appointed Executor under a Will and therefore we seek to make the Executor’s task less stressful in endeavouring to obtain Probate of the Estate from the Supreme Court of New South Wales. In the event that the deceased did not make a Will then this Firm will assist you in making the necessary application for Letters of Administration.

 

Contesting a Will

Where you genuinely believe that you have been unfairly treated by being left out of Will or have not been adequately provided for in that Will of the deceased person then, you may be entitled to make a claim against the Estate so that your interests and fair treatment are brought out in the open and can be pursued. We also deal in defending the Estate from unscrupulous and unjustified attempts to make a claim against the Estate.

There are time limits for commencement of such actions so you need to be extremely alert and obtain proper and immediate legal advice should the above situation apply in your particular case.

Estate Planning

There are a number of aspects to this very wide and complex area of Law that Adrian F. Guido & Co Lawyers can assist you with.

Wills

It is extremely important that after a lifetime of work and looking after one’s family that you ensure that following your death your wishes as to the disposition of your assets is made in accordance with your desires. You should consult us in relation to such matters. We also have expertise that relate to Testamentary Trusts.

Powers of Attorney

In the event of unforeseen circumstances occurring whereby you become incapacitated in any particular way, physically or mentally, it is extremely important that you have in place a Power of Attorney. This may take different forms and this Firm’s expertise in this field can assist you greatly in ensuring that the decisions that your Attorney makes on your behalf in relation to all financial matters and related financial transactions are undertaken by your Attorney with your paramount interest and benefit in mind.

According to the particular needs of the client, a Power of Attorney is a legal document made by one person called the “Principal” that allows another person to do things with the Principal’s money, bank accounts, shares, real estate and other assets. We also provide for the creation of “Enduring Power of Attorney” where, unlike a General Power of Attorney, it is one that continues to operate after the Principal has lost mental capacity in whatever form. We also assist clients by providing lifestyle documents known as “Enduring Guardianship”.

Enduring Guardianship

Enduring Guardianships are different to Enduring Powers of Attorney. A Power of Attorney allows for your Attorney to make financial decisions on your behalf whereas as an Enduring Guardianship is where personal and lifestyle decisions can be made on your behalf by your appointed Guardian. As you can imagine this is critically important to your safety and wellbeing. We offer advice and expertise in this area of Law.