Areas of Practice
Wills, appointment of Enduring Power of Attorney, appointment of Enduring Guardian
For generations Nash Allen Williams & Wotton solicitors have provided comprehensive, expert advice on all aspects of will making and succession law and are undoubtedly among the most experienced wills and estates lawyers on the Central Coast.
Our solicitors advise on drafting wills; on the administration of deceased estates, including applications for probate or letters of administration, executor duties, the distribution of estate assets according to law and family provision claims.
We can also advise on and draft enduring power of attorney and enduring guardian documents.
As a free service to our clients, we can hold important documents in our purpose built safe custody room, for when those documents are eventually needed by our client or their family.
A valid will is an important and formal document that records how the will maker wants their estate assets distributed upon their death. A valid will in NSW must meet a number of formal legal requirements which our solicitors will ensure are met. We will help you to ensure a smooth transfer of wealth from one generation to the next and enable you to exercise as much choice and control as possible over your financial affairs.
We recommend that any person with assets in NSW should make a valid will but it is an especially important consideration following a significant change in one’s personal circumstances such as when one has a child, marries or separates; when one buys a house or when one buys or starts a business, for example. A will prepared by Nash Allen Williams & Wotton solicitors will ensure complete peace of mind for the will maker and provide certainty for those administering it.
Enduring Power of Attorney and Enduring Guardian
A person who has mental capacity (that is the mental capacity to make decisions in one’s own best interests) may, of course, make such decisions about their own day to day life as may be necessary from time to time. It is important to consider though, how decisions will be made if one should ever suffer the loss of one’s mental capacity.
The law allows a person (the principal) to appoint another person (or people) to make decisions for them in relation to their finances, business and property affairs by appointing an enduring power of attorney and in relation to healthcare, medical and lifestyle decisions by appointing an enduring guardian.
Nash Allen Williams & Wotton solicitors can provide expert advice in relation to these appointments including tailoring the power to meet the principal’s individual circumstances and building in appropriate safeguards.
We also provide advice to attorneys and guardians who are under a duty to act in the principal’s best interests at all times. Our solicitors can advise attorneys and guardians in relation to their duties to help ensure they do not exceed their power and leave their actions open to challenge.
Administration of deceased estates
If you have suffered the loss of a loved one, the probate and deceased estate administration experts at Nash Allen Williams & Wotton solicitors are here to make the process as stress-free as possible.
Where the deceased has left a valid will, Nash Allen Williams & Wotton solicitors will act for the executor and deal with the application for the grant of probate and advise on the distribution of the estate in accordance with the terms of the will.
If the deceased has died without leaving a will, our expert team of solicitors will guide you through the legal and practical issues that are involved when there is no will, such as applying for a grant of letters of administration and advise on the distribution of the estate in accordance with the intestacy rules.
Family provision claims and contested wills
Disputes over wills can make a difficult time even more trying. Claims can be made against a will or estate for a variety of reasons such as when someone feels unfairly left out of a will or the will has not made adequate provisions for certain dependants as required by the Succession Act; the deceased had promised part of their estate to someone but this promise wasn’t reflected in the will; someone alleges that the deceased did not have the mental capacity to make the will or they were forced into making their will in a certain way, to name but a few.
Disputes about any of these issues can be costly, time-consuming and difficult for the executor and beneficiaries involved. Our solicitors can advise and act if court proceedings are commenced. We will also advise on the potential usefulness of various alternative dispute resolution methods, including mediation. Alternatives can often provide a quicker, more cost-effective method of providing clients with a satisfactory solution.
Our solicitors can help you resolve disputes as quickly and harmoniously as possible whether you are making or defending against a claim.
If you think you have been unfairly left out of a will or you have not been adequately provided for, you should seek timely advice as only certain people are eligible to claim and strict time limits to make a claim apply.