Preparing and updating your Will, Power of Attorney and Advanced Health Directive

Knowing your final wishes will be not only upheld, but protected, can give you and your family peace of mind and comfort when it matters most. It also ensures your life and welfare is in safe hands should you be unable to make important decisions for yourself.

Estate planning

We have all had those family inside jokes about what gets left to whom, and who gets dibs on a favourite item or chattel – but when the reality of loss is upon us, the jokes fade and without the right planning, families can all too often dissolve into a situation that just adds to an already difficult and emotional time.

Estate planning is a critical part of the writing of a Will and the Hamilton Elliott Lawyers team is experienced in ensuring your personal assets, business interests, and property – as well as any other factors – are fully considered, and your estate distributed according to your wishes. We will ensure you, your chosen representatives and any beneficiaries are fully apprised of the process, their responsibilities and entitlements.

Estate administration

Hamilton Elliott Lawyers will work with you to ensure estates, wills and wishes are delivered – even in the absence of an elected executor or if those elected decline or have since died. Jenny Hamilton and her team are experienced in estate administration and will help navigate you through, ensuring a fair and reasonable outcome for all involved.

Letters of administration (in the event that there is no Will or a Will is deemed invalid)

In the event that there is no Will or a Will is deemed invalid, Hamilton Elliott Lawyers can write and issue letters of administration to ensure the clear understanding and communication of distribution and entitlements. We can also support family members or close loved ones to apply to the Supreme Court to administer the will, and guide them through the process of making application, administering the estate and then distributing letters of administration to all applicable recipients.

Applying for probate

In some instances, especially where there are assets or funds being held by separate institutions on behalf of your deceased loved one, you will be required to make application to the Supreme Court of Australia for Probate. This is a document which authenticates a Will as the final and true will of the deceased – and often, many institutions, such as banks, will not release assets without proof of Probate. Hamilton Elliott Lawyers will help you understand whether Probate is needed, and support you through the process of applying for, and securing, this in a timely and angst-free manner.

Assistance with family provision claims for further and better provision from wills and estates, if you have been left out of a Will

If you have been left out of a will, or you wish to contest that you have not been fairly treated, Hamilton Elliott Lawyers will be there to ensure you understand your rights and entitlements, as well as your responsibilities. We will guide you through the process of making application to contest and support you along the journey.

Defending claims against deceased estates

Where a claim or contest is made against a will, Hamilton Elliott Lawyers’ team will work with you to secure the most just and reasonable outcome possible. We will guide you to ensure you understand the process and what you are entitled to, as well as your responsibilities.

Drafting guidelines to the Guardian you might appoint to look after the interests of your children

As a parent, whatever the circumstances, your primary concern is the welfare and care of your children. That’s why Hamilton Elliott Lawyers will ensure you have the support you need in setting out your wishes for your kids in a document for their appointed guardian. This will lend you the peace of mind and comfort you need to know they are to be cared for.

Supreme and District Court litigation regarding estates

While in most cases, Hamilton Elliott Lawyers’ team of highly experienced legal professionals will lead your matter to an outcome via mediation, arbitration, or due process, if there is a need for representation at District or Supreme Court level, then you can rest assured. Jenny Hamilton has more than 40 years’ experience and has etched for herself a reputation as a skilled and effective litigator, and she and her team will support you to ensure you understand the process and your legal rights.

Resolving disputes involving beneficiaries

When emotions are running high and disputes erupt, Hamilton Elliott Lawyers will work with you to deliver a fair and reasonable outcome while looking to prevent a long and drawn-out process. As an accredited and skilled mediator, and with more than 40 years of experience, Jenny Hamilton leads a team whose compassion is met with the highest level of capability, giving you peace of mind and confidence of a fair outcome.

Resolving disputes for people who have been left out of someone’s Will

If your spouse, parent or guardian dies, and you are left out of a will, then you are entitled to seek advice and make application to contest their will. This is especially the case if you are left in hardship or at a disadvantage by inadequate provision in the will, or being left out altogether.

Hamilton Elliott Lawyers will step you through your rights, what you are entitled to and the process, guiding you along the way to ensure you are strongly represented and given the best chance at reaching a fair outcome.