Wills & Estates
Deeply Caring Will and Estate Lawyers in Maitland and Newcastle
When dealing with the realities involved in elder care law, estate planning, will writing, probates and family trusts, we take a sensitive and caring approach, where we prioritise people first.
91% of Wills We Look At Have Errors or Are Insufficient
There are more options out there for wills and estate planning than even most lawyers realise. The simple document you got drawn up by a generic law firm is probably missing options or is seriously out of date.
A example of where a specific will helped save $10,000s!
We had an 85-year-old widow who passed away. She had four children, all of whom had children themselves. He had $1.25 million of assets – a house (which was about half that), an investment property and $100k worth of shares.
The four children didn’t actually want any of the assets so they were to be sold. If the estate sold the investment property and the shares, the capital gains tax payable on that worked out to be about $100k. However, there are some specific options that are possible by transferring the investment property and the shares into testamentary trusts that distribute the capital between the children and grandchildren.
Ultimately, this reduced the capital gains tax from $100k down to less than $5k. Without this specialist knowledge, so much of the wealth this widow had kept for her family could have been lost.
Why We Are Passionate About Estate Planning
When our principal, Matthew Tranter, lost his mother-in-law during heart surgery, it struck a nerve.
But what really drove things home was when his wife’s best friend’s husband died of a heart attack at 38 years old. Around the same time, we had a client for whom we prepared wills who died six months later of cancer.
Matthew’s wife’s friend had two young kids, as did the client. There was a massive difference between these two situations financially due to the estate planning that had been done for the client.
This was when it became clear that it is the job of an estate lawyer to help organise the estate planning for as many people as possible, so that we can ensure that these difficult times are not made even worse.
What Do I Need a Will For?
Unfortunately, unless you’ve seen a psychic and know exactly when you are going to pass away, an estate planning document is of critical importance to ensure the most efficient and stress-free distribution of your assets can happen.
But there are two other important documents you need to consider:
- Your Power of Attorney – meaning that if you become incapacitated, who makes financial decisions for you?
- Your Guardianship – meaning that if you become incapcitated, who makes health decisions for you.
Without being alarmist, you could be hit by a car the next time you walk across a street, and that could leave you completely incapacitated. Having these documents in place, prepared by wills specialists means you can have the peace of mind that those you love and care about will be protected.
Do I Need Solicitors Specialising in Wills?
When you study law at university, estate planning is an optional subject – they only teach you the very basics. Our Principal, Matthew Tranter, went to a seminar in 2004 and realised the range of largely unknown options that are available when it comes to estate planning and asset protection.
It was then that he realised that this was something to become passionate about. With his desire to build a law firm that prioritised care and people before anything else – this was clearly an area of law where his learning and expertise could genuinely make a huge difference in people’s lives.
If you want to make sure that you are fully aware of the possibilities in the law that can be used to protect your family or business assets, then you almost certainly do need a law firm specialising in wills and estates.
How Can Tranter Lawyers Help With Wills and Estate Planning?
We offer one of the easiest and in-depth ways to prepare your will in Maitland, Newcastle and throughout the Hunter Valley region.
Click the toggle buttons below to explore the specific wills, estate planning and probate services we can help you with:
We can provide a lawyer to help you write your will, or review your existing will to update it and ensure all the options are considered.
If you need help applying to the Supreme Court of NSW for Probate, where there is a valid will and you have been nominated as Executor of that will, we can provide you with a probate lawyer to guide you every step of the way. The Supreme Court can then grant probate, which authorises you to distribute the deceased estate in accordance with the provisions of the will.
Unfortunately, many wills have not been drawn up with clarity or they have not been updated regularly leading to inevitable conflict and will disputes. We are experienced in facilitating this to achieve an outcome that all parties can be satisfied with.
Sometimes a deceased estate lawyer may be required to help with defending deceased estates – a matter which can become highly complex and result in massive difficulties if the solicitor is not experienced in the intricacies of this part of the law.
There is much more to the administration of estate planning than you may at first realise – but we can help take this opaque process and make it transparent and get it completed efficiently.
In the some-what complicated event that a valid will has not been left, Tranter Lawyers can assist you with applying for Letters of Administration to the Supreme Court of NSW. In these circumstances, there is legislation that details how an estate may be distributed and by whom. The Supreme Court can appoint an Administrator to distribute the estate under the Wills, Probate and Administration Act 1898.
Besides the more specific situations listed above, there are a variety of ways in which litigation with the Supreme Court becomes necessary and can become cumbersome. We can help guide you through what is necessary for your circumstances, and help break through the jargon and lighten the load.
If you expected to be a beneficiary of a will but have not been provided for, you can make a claim against the distribution of any estate under the Family Provision Act 1982, provided you can clearly set out reasons as to why you should be considered a beneficiary of the deceased estate.
Some Happy Clients
If you need help with getting a will written, or need a law firm that specialises in estate planning and drawing up comprehensive wills, then give us a call on (02) 4934 2600 or use the button below and let’s find out how we can help you.