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    • Succession Law
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BBL Solutions
  • Home
  • About Us
  • Family Law
  • Criminal & Traffic Law
  • Succession Law
  • Resources
  • Contact

SUCCESSION LAW, ESTATE LAW, ESTATE PLANNING & ESTATE MANAGEMENT

At BBL Legal Solutions, we assist clients with succession law matters, including estate planning, wills, enduring powers of attorney, advance health directives, probate, estate administration and family provision claims.


Succession law is about more than preparing documents. It is about making sure that your wishes are clearly recorded, your affairs are properly structured, and the people you trust are able to make decisions or manage your estate when required.


We provide practical, clear and supportive advice to help clients plan ahead, manage estates, and resolve disputes when they arise.

Wills

A properly prepared will is one of the most important documents a person can have. It allows you to decide who is to receive your estate, who is to act as your executor, and how your assets are to be dealt with after your death.

We assist clients with preparing wills that are clear, practical and suited to their personal circumstances. 


This may include advice about:


  • appointing executors;
  • gifts of specific assets;
  • distribution of the estate;
  • blended families;
  • children from previous relationships;
  • superannuation considerations;
  • trusts for children or vulnerable beneficiaries;
  • gifts to charities;
  • replacement beneficiaries;
  • funeral wishes; and
  • reducing the risk of future disputes.


A well-drafted will can provide certainty for your family and reduce the likelihood of confusion, conflict or unnecessary expense after your death.

Enduring Powers of Attorney

An Enduring Power of Attorney allows you to appoint someone you trust to make decisions for you if you are unable to make those decisions yourself. This may include decisions about financial matters, personal matters and health matters.


We assist clients with preparing Enduring Powers of Attorney and explaining the responsibilities of attorneys. These documents are particularly important where a person wants to ensure that someone they trust can manage their affairs if they lose capacity due to illness, injury or age-related decline.


We can provide advice about:


  • who should be appointed as attorney;
  • whether attorneys should act jointly or separately;
  • when the power should begin;
  • financial decision-making;
  • personal and health decisions;
  • safeguards and limitations;
  • risks of misuse; and
  • the duties owed by an attorney.


Preparing an Enduring Power of Attorney in advance can avoid unnecessary stress and uncertainty for family members at a difficult time.

Advance Health Directives

An Advance Health Directive allows you to record your wishes about future health care and medical treatment. It can assist doctors, family members and decision-makers if you are unable to communicate your wishes yourself.


We assist clients with preparing Advance Health Directives and understanding how they work alongside an Enduring Power of Attorney.


An Advance Health Directive may deal with issues such as:


  • medical treatment preferences;
  • life-sustaining treatment;
  • palliative care;
  • health conditions;
  • instructions to medical practitioners;
  • appointment of decision-makers; and
  • personal values and wishes about future care.


These documents can provide peace of mind and reduce uncertainty for loved ones if difficult medical decisions need to be made.

Estate Planning

Estate planning involves looking at your overall personal and financial circumstances and ensuring that your affairs are organised in a way that reflects your wishes.


This may involve more than preparing a will. Proper estate planning may include considering your superannuation, jointly owned property, family trusts, companies, business interests, life insurance, loans, blended family issues and potential claims against the estate.


We assist clients with estate planning advice involving:


  • wills;
  • Enduring Powers of Attorney;
  • Advance Health Directives;
  • superannuation nominations;
  • blended family arrangements;
  • vulnerable beneficiaries;
  • business succession issues;
  • jointly owned property;
  • family trusts and companies;
  • risk of family provision claims; and
  • practical strategies to reduce future disputes.


Our focus is to help clients make informed decisions and create an estate plan that is clear, workable and suited to their circumstances.

Probate

Probate is the process by which the Supreme Court confirms the validity of a will and recognises the authority of the executor to administer the estate.


We assist executors with applications for probate and provide guidance about the documents and steps required. This may include preparing the application, reviewing the will, identifying estate assets, arranging notices, and assisting with court filing requirements.


Executors often require probate before banks, share registries, aged care providers, government bodies or other institutions will release or transfer estate assets.


We can assist with:


  • reviewing the will;
  • advising executors about their duties;
  • preparing probate applications;
  • preparing supporting affidavits;
  • dealing with requisitions;
  • identifying estate assets;
  • communicating with institutions; and
  • guiding executors through the process.


Our aim is to make the probate process as clear and manageable as possible.

Letters of Administration

Where a person dies without a valid will, or where there is a problem with the appointment of an executor, it may be necessary to apply for Letters of Administration.


Letters of Administration allow an appropriate person to be formally appointed to administer the estate. This process can be more complex than probate, particularly where there is no will, family members disagree, or there is uncertainty about who is entitled to apply.


We assist with:


  • advising on who may apply;
  • preparing applications for Letters of Administration;
  • identifying beneficiaries;
  • preparing supporting material;
  • dealing with estate assets;
  • advising on intestacy rules;
  • communicating with family members; and
  • assisting with estate administration after the grant is made.


We help clients understand the process and manage the practical requirements involved in administering an estate without a valid will.

Estate Administration

Estate administration involves collecting estate assets, paying liabilities, dealing with tax issues, communicating with beneficiaries, and distributing the estate in accordance with the will or the law.


We assist executors and administrators with the practical steps required to manage an estate properly.


This may include:


  • identifying assets and liabilities;
  • contacting banks and financial institutions;
  • dealing with real property;
  • arranging valuations;
  • managing estate accounts;
  • paying estate debts;
  • communicating with beneficiaries;
  • dealing with superannuation and insurance issues;
  • obtaining probate or Letters of Administration;
  • preparing distribution statements;
  • resolving practical issues between beneficiaries; and
  • distributing the estate.


Executors and administrators have legal duties and may be personally liable if the estate is not properly managed. We provide guidance to help estate representatives comply with their obligations and avoid unnecessary risk.

Family Provision Claims

A family provision claim may arise where a person believes they have not been adequately provided for from a deceased person’s estate.


We assist both applicants and estate representatives in family provision matters. These claims often involve sensitive family circumstances and require careful consideration of the deceased person’s wishes, the applicant’s needs, the size of the estate, the competing claims of beneficiaries, and the history of the relationship.


We can assist with:


  • advising on eligibility to make a claim;
  • assessing the merits of a claim;
  • responding to a claim on behalf of an estate;
  • negotiating settlement;
  • preparing correspondence;
  • advising executors about their duties;
  • preparing court documents where required;
  • participating in mediation; and
  • working toward practical resolution.


Where possible, we aim to resolve estate disputes efficiently and sensibly, while recognising that these matters often involve grief, family conflict and significant personal history.

Contested Estates & Estate Disputes

Estate disputes can arise for many reasons, including concerns about the validity of a will, the conduct of an executor, the interpretation of a will, informal promises, family provision claims, missing assets or disagreements between beneficiaries.


We assist clients with estate disputes involving:


  • challenges to the validity of a will;
  • concerns about testamentary capacity;
  • allegations of undue influence;
  • executor disputes;
  • disputes between beneficiaries;
  • claims about estate assets;
  • disputes about personal items or chattels;
  • informal agreements or promises;
  • interpretation of will clauses; and
  • delayed or disputed estate administration.


Our approach is to identify the legal and practical issues early, assess the available evidence, and work toward a resolution that protects the client’s interests while avoiding unnecessary escalation where possible.

Executor Advice

Being appointed as an executor can be a significant responsibility. Executors are required to act in the interests of the estate, follow the terms of the will, manage assets properly, pay liabilities and distribute the estate according to law.


We assist executors by providing advice about:


  • their role and duties;
  • whether probate is required;
  • dealing with beneficiaries;
  • managing estate property;
  • keeping estate records;
  • responding to claims;
  • dealing with disputes;
  • paying debts and expenses;
  • protecting themselves from personal liability; and
  • finalising and distributing the estate.


Executor advice can be particularly important where there are difficult beneficiaries, estate disputes, unusual assets, tax issues or uncertainty about the terms of the will.

Superannuation & Death Benefit Issues

Superannuation does not always automatically form part of a person’s estate. It may be dealt with separately depending on the fund rules, beneficiary nominations and the trustee’s decision-making process.


We assist clients with advice about superannuation death benefits, including:


  • binding death benefit nominations;
  • non-binding nominations;
  • lapsing and non-lapsing nominations;
  • superannuation trustee decisions;
  • death benefit disputes;
  • claims by dependants;
  • interaction between superannuation and the estate; and
  • estate planning considerations involving superannuation.


Superannuation can be one of the largest assets connected to an estate, so it is important that it is properly considered as part of an estate plan or estate administration process.

Practical & Clear Succession Law Advice

Succession law matters often involve important personal decisions, family relationships, significant assets and sensitive circumstances. Whether you are planning for the future, administering an estate or dealing with a dispute, we aim to provide advice that is clear, practical and focused on achieving a sensible outcome.


At BBL Legal Solutions, we assist clients with estate planning, wills, powers of attorney, advance health directives, probate, estate administration, family provision claims and estate disputes.


Our focus is to help clients understand their options, protect their interests and move forward with confidence.

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0449 833 555

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