Legal Services

Wills & Estates

Losing a loved one is always difficult and having to deal with issues arising from their Will or Estate can make the experience even more difficult. Our experienced Will & Estate lawyers can assist in all matters arising out of a loved one’s death.

Summers Legal specialises in Wills & Estates and has been assisting clients with a wide range of matters, whether simple or complicated, big or small, for over 30 years. Our services include (but are not limited to):

  • Contested Wills and Estate Disputes
  • Wills & Estate Planning (simple or complicated)
  • Estate Administration
  • Business Succession (including multi-generational family businesses)
  • Asset Protection
  • Superannuation & Trusts
  • Enduring Powers of Attorney & Guardianship
  • Grants of Probate & Letters of Administration
  • Guardianship and Administration matters (including proceedings in the State Administrative Tribunal)
  • Elder Abuse

 

Wills & Estate Planning

A well drafted and effective Will & Estate plan is important for a range of reasons, including:

  • Minimising claims against your estate
  • Minimising disputes among beneficiaries
  • Protecting assets from claims and/or creditors
  • Ensuring your estate is properly distributed to those you want to benefit
  • Minimising tax payable by your estate and/or its beneficiaries
  • Ensuring proper succession and/or distribution of assets outside your personal estate (such as businesses, trusts, jointly owned property or superannuation)
  • Ensuring the process is as stress free and simple as possible for your loved ones and beneficiaries

Summers Legal provides specialist advice and insight to ensure an effective Will & Estate plan is tailored to meet your individual circumstances, needs and wishes. We focus on providing practical, tax effective and flexible solutions for your personal, family and business interests.

An effective Will & Estate plan can include various different documents and elements, normally including a combination of the following:

  1. A properly drafted simple or complex Will
  2. Testamentary Trusts
  3. Other Protective Trusts
  4. Enduring Powers of Attorney
  5. Enduring Powers of Guardianship
  6. Advanced Health Directives
  7. Letter of Intent/Wishes

 

Contested Wills and Estate Disputes

There are various disputes that can arise in relation to a loved one’s Will & Estate, including (but not limited to):

  • Claims by an eligible party seeking adequate (further) provision under a Will pursuant to the Family Provision Act 1972 (WA)
  • Challenging the validity of a Will (for example, issues with the testator’s capacity and/or knowledge and approval of the terms of the Will, failure of a Will to comply with formal requirements or undue influence/duress against the testator)
  • Determining the correct interpretation of a Will (often where a Will has been poorly drafted)
  • Proving an informal Will
  • Claims against a non-performing executor/administrator
  • Other claims by and against a deceased estate and executors/administrators

Summers Legal specialises in Will & Estates disputes and litigation and can assist in matters of all types arising in this area. This is a growing and complex area of law and it is important to engage experienced and specialised lawyers when dealing with these issues. Our experienced team approach matters in a pragmatic way whilst possessing substantial expertise and technical proficiency to ensure your chances of obtaining the best possible outcome are maximised. Strong advocacy is also provided in any mediations, informal conferences, meetings or Court proceedings that may be required.

Despite the many complexities that can arise in contested Wills & Estates disputes, our experienced team provide clear and concise advice to clients on all relevant matters, including costs. We offer a personal, tailored approach, appreciating that contested Wills & Estates disputes are often emotional and highly sensitive.

 

Estate Administration

Being appointed an executor/administrator of a deceased estate can be a stressful and difficult time. As executor/administrator you have strict fiduciary duties to the beneficiaries of the estate, together with being required to discharge your duties according to law. This is often no easy task given the strict obligations imposed by law combined with issues that may arise during the administration of an estate. Such issues can arise for many reasons, including the complex nature of the estate or the conduct of beneficiaries (or other relevant parties).

Summers Legal has extensive experience assisting executors and administrators in administering deceased estates, whether simple or complex, big or small.

McLane Edinger leads the Summers Legal contested Wills & Estates disputes team and has significant expertise in this area. McLane has acted for clients in all capacities in deceased estate matters (including multi-jurisdictional estates), including applicants, beneficiaries, executors and administrators in both the Supreme Court of WA and Court of Appeal.

Please contact the Team at Summers Legal today.