Deceased Estates

As the executor of an estate we assist you obtain Probate or Letters of Administration so as to implement the deceased’s wishes in distributing the assets. If you have been unfairly left out of a will, then we help you to contest the will and have proper financial provision made for you.

Administration of Estates

If you are an executor of a will or a principal beneficiary in an estate we can help you take all the steps necessary to collect the assets, identify their value, lodge the appropriate documentation in the Supreme Court, obtain a grant of probate and then attend to the liquidation or transmission of assets.

We ensure that you comply with all your obligations in a timely manner.

At times Wills are problematic. We give practical advice and take any preliminary steps necessary to check that the Will can be relied upon. We are able to administer estates for beneficiaries overseas and for minor beneficiaries. We may need to advise you if someone makes a claim against the Will and assist you to uphold the wishes of the Testator.

Contested Estates

We can also give you honest and practical advice in relation to the Wills of others. A person’s death can lead to disputes about his/her estate including disputes as to provision from the estate, disputes when eligible persons have been left out of a will and disputes as to whether the deceased had the relevant capacity to make his/her final will. Such disputes are often successfully negotiated. Other claims may require mediation or litigation.

This is a complicated area of law. We are very experienced in negotiating resolutions to such disputes and where necessary, preparing and litigating cases.

Mediation

Mediation is the most common form of dispute resolution and involves a third party (the mediator) who assists the parties to reach an agreement. There are different forms of mediation which may impact on the level of involvement that the mediator has (for example, in evaluative mediation models, the mediator may express a view on the reasonableness of settlement or may highlight weaknesses in a party’s case). Mediation enables parties to voice their views and attempt to reach agreement or at least narrow the issues in dispute. It is important to note that mediation is private and confidential.

Whilst there is no obligation to mediate disputes generally, mandatory mediation or other forms of dispute resolution are becoming increasingly common in certain jurisdictions. For example, in disputed estate claims, parties must mediate the matter prior to a hearing. In family law, the pre-litigation processes emphasise early dispute resolution through counselling and negotiation. When proceedings are commenced in property matters, parties must attend conciliation conferences with Registrars of the court, or are directed to private mediators.

Maryanne Ofner is a mediator and so can offer those services or be of invaluable assistance in advising you through that process.

Collaborative practice

Collaborative Practice is a process that helps people in conflict resolve their differences in a humane, dignified and respectful way in private without going to Court.

When you commit to a collaborative process you agree to maintain open communication and share information.
You are represented by your collaborative lawyer who works together with you to tailor the process to address your specific needs and issues. You take control of the process to find solutions that suit you.

Other professionals, including accountants, financial advisors, counsellors and children’s experts can be brought into the process to provide specific advice where the circumstances require it.

Collaborative Practice has been used mainly for separating couples and in the area of family disputes but has application for all kinds of disputes especially including contested Wills and Estates.

Collaborative Practice assists you to maintain control of the process and keep your affairs private and maintains an atmosphere of fair play and respect even in areas where there may be disagreement.

You create win/win solutions for everyone and maintain civil relationships for the benefit of you and your children.

Once an agreement has been reached the lawyers work together to draft the agreement into a legally binding document.

Litigation

Some matters cannot be resolved except by using Court processes. Our lawyers are experienced advocates who will prepare your case thoroughly in pursuit of your rights as proper preparation is the key to a successful outcome. We have access to skilled barristers to assist with the best presentation of your matter before a Judge.

Administration of Estates

If you are an executor of a will or a principal beneficiary in an estate we can help you take all the steps necessary to collect the assets, identify their value, lodge the appropriate documentation in the Supreme Court, obtain a grant of probate and then attend to the liquidation or transmission of assets.

We ensure that you comply with all your obligations in a timely manner.

At times Wills are problematic. We give practical advice and take any preliminary steps necessary to check that the Will can be relied upon. We are able to administer estates for beneficiaries overseas and for minor beneficiaries. We may need to advise you if someone makes a claim against the Will and assist you to uphold the wishes of the Testator.

Contested Estates

We can also give you honest and practical advice in relation to the Wills of others. A person’s death can lead to disputes about his/her estate including disputes as to provision from the estate, disputes when eligible persons have been left out of a will and disputes as to whether the deceased had the relevant capacity to make his/her final will. Such disputes are often successfully negotiated. Other claims may require mediation or litigation.

This is a complicated area of law. We are very experienced in negotiating resolutions to such disputes and where necessary, preparing and litigating cases.

Mediation

Mediation is the most common form of dispute resolution and involves a third party (the mediator) who assists the parties to reach an agreement. There are different forms of mediation which may impact on the level of involvement that the mediator has (for example, in evaluative mediation models, the mediator may express a view on the reasonableness of settlement or may highlight weaknesses in a party’s case). Mediation enables parties to voice their views and attempt to reach agreement or at least narrow the issues in dispute. It is important to note that mediation is private and confidential.

Whilst there is no obligation to mediate disputes generally, mandatory mediation or other forms of dispute resolution are becoming increasingly common in certain jurisdictions. For example, in disputed estate claims, parties must mediate the matter prior to a hearing. In family law, the pre-litigation processes emphasise early dispute resolution through counselling and negotiation. When proceedings are commenced in property matters, parties must attend conciliation conferences with Registrars of the court, or are directed to private mediators.

Maryanne Ofner is a mediator and so can offer those services or be of invaluable assistance in advising you through that process.

Collaborative practice

Collaborative Practice is a process that helps people in conflict resolve their differences in a humane, dignified and respectful way in private without going to Court.

When you commit to a collaborative process you agree to maintain open communication and share information.
You are represented by your collaborative lawyer who works together with you to tailor the process to address your specific needs and issues. You take control of the process to find solutions that suit you.

Other professionals, including accountants, financial advisors, counsellors and children’s experts can be brought into the process to provide specific advice where the circumstances require it.

Collaborative Practice has been used mainly for separating couples and in the area of family disputes but has application for all kinds of disputes especially including contested Wills and Estates.

Collaborative Practice assists you to maintain control of the process and keep your affairs private and maintains an atmosphere of fair play and respect even in areas where there may be disagreement.

You create win/win solutions for everyone and maintain civil relationships for the benefit of you and your children.

Once an agreement has been reached the lawyers work together to draft the agreement into a legally binding document.

Litigation

Some matters cannot be resolved except by using Court processes. Our lawyers are experienced advocates who will prepare your case thoroughly in pursuit of your rights as proper preparation is the key to a successful outcome. We have access to skilled barristers to assist with the best presentation of your matter before a Judge.