Wills & Estate Law
Ready to help in
Wills & Estate Law.
Curwen Walker Lawyers have been helping the people the Ballarat and surrounding region with the management of their Wills
and Estate matters for over 150 years.
Our experienced team of Lawyers apply their care and attention to your personal requirements to ensure your Will absolutely reflects your wishes accurately.
What exactly is a will?
A Will is an important legal document. It establishes your final wishes and outlines the direction on how you wish your estate to be distributed in the event of your death, and who you want to be responsible for the process. It can also include financial, family and funeral directions.
Why do I need an up to date Will?
Whatever stage of life, if you have family or dependents, it is important that you have an up-to-date Will.
Your personal circumstances can change quickly and often, so it is good practice to review your Will at regular intervals to ensure the wishes enclosed are always up-to date. Common situations that prompt changes to a Will include marriage, divorce and the birth of children and grandchildren or the death of a beneficiary or executor, or changes to your financial situation or your assets.
Powers of Attorney
An Enduring Power of Attorney allows the nomination of one or more persons to act on your behalf for any legal, financial, and personal decisions. You can specify a time for this to start and it continues to be effective if you were to lose the ability to make your own decisions.
It is worth considering Succession Planning as part of your will. This involves identifying who should be responsible for the ongoing management of your business affairs when you are no longer willing or able to conduct them yourself.
Probate/Letters of Administration
A Grant of Probate or Letters of Administration is a legal document issued by the Supreme Court which confirms the validity of the deceased’s will and authorises the executor to administer the deceased’s estate. This document is often required by asset holders like banks and share registries before they can release or transfer the deceased’s assets to the executor.
Probate will be issued if there is a will, and Letters of Administration will be issued if there is no will, or if the executors named in the will are unable to act.
There are two types of grants:
1. Probate – where there is a will.
2. Letters of administration – where there is no will
Challenging a Will
Whilst dealing with the loss of a loved one is a deeply painful experience, discovering that the assets of an estate will not be distributed as you may have expected or the deceased person’s wishes have not been carried out, can make this even more traumatic.
We can help with challenging the contents of a Will, but it is very important to seek our advice as soon as possible as strict time limits apply to making a claim to dispute a Will.
What do I need to create a Will?
+ List of your assets (such as your home, car, life insurance, and
superannuation) and your liabilities, including any debt you have incurred
+ How you wish for your assets to be distributed in the event of your death
+ Who do you wish to appoint as your children’s Guardian/s
+ Who you wish to appoint as your Power of Attorney/s
+ Your wish to provide power for any person/s for financial and personal/health decisions
+ Any other special directions you wish to provide
That's all. With this information collected, Curwen Walker Ballarat can then prepare your Will promptly and accurately.
We can help you with your legal questions.