Existing user? Sign in
Share your needs with us, get contacted by law firms.
Free. Takes 2 min.
Athelstone, Australia Attorneys in related practice areas.
Private client law covers the legal services individuals and families need to manage personal affairs, protect assets, and plan for incapacity or death. In Athelstone, a suburb of Adelaide in South Australia, private client matters are handled under a mix of state and federal laws. Typical private client services include wills and estate planning, administration and probate, powers of attorney and guardianship, trust creation and administration, elder-law issues, family provision claims, and superannuation death benefit disputes. Local solicitors and specialist firms help residents prepare clear, legally enforceable documents and navigate disputes efficiently through the South Australian legal system.
People seek private client lawyers for many reasons. Some of the common situations include:
- Drafting or updating a will so your assets are distributed according to your wishes and to reduce the risk of disputes after you die.
- Setting up enduring powers of attorney or guardianship arrangements to ensure trusted people can manage finances and personal decisions if you become unable to.
- Applying for probate or administration when someone dies - executors or administrators often need legal advice to meet court formalities and meet creditor and tax obligations.
- Resolving will disputes or family provision claims where a person believes they have not been adequately provided for in an estate.
- Creating and administering trusts for asset protection, tax planning and succession of family businesses.
- Advising on superannuation death benefits, especially where the trustee has exercised discretion and family members disagree with the distribution.
- Handling elder-law concerns including suspected financial abuse, neglect, or contesting guardianship or administration decisions.
- Managing cross-jurisdictional or complex asset issues such as foreign property, business interests, or significant tax implications.
Private client matters in Athelstone are primarily governed by South Australian legislation and supplemented by federal laws where relevant. Important legal frameworks to be aware of include:
- Succession Act 1988 (SA): Governs the formal requirements for valid wills, intestacy rules when someone dies without a valid will, and family provision claims that seek further provision from an estate.
- Guardianship and Administration Act 1993 (SA): Provides the basis for appointing guardians or administrators to make decisions for adults who lack capacity, and for how those roles operate.
- Powers of Attorney and Agency Act 1984 (SA) and related instruments: Covers enduring powers of attorney for financial matters and enduring powers of guardianship for personal and health matters. These documents allow appointed people to act on your behalf while you still live, subject to statutory requirements.
- Court processes: The Supreme Court of South Australia typically deals with grants of probate and letters of administration. Time limits and procedural requirements for applications must be observed to avoid delays.
- Federal laws: Superannuation law and taxation rules are governed by Commonwealth legislation and can affect estate outcomes, including how superannuation death benefits are paid and the taxation of estates and trusts.
Other practical points - wills usually must be signed in the presence of two adult witnesses who are not beneficiaries. Family provision claims are time-limited and must generally be commenced within a set period after probate or administration - commonly within six months, though extensions are possible in limited circumstances. Professional advice will help ensure documents meet statutory formalities and that deadlines are met.
A valid will should identify the testator, clearly set out how you want your assets distributed, appoint an executor, and include signature and witnessing formalities required by law. It should also address guardianship for minor children and appoint a substitute executor. To reduce dispute risk and ensure the will is effective, have a lawyer draft or review it.
You appoint someone using an enduring power of attorney for financial matters. The document must meet formal requirements to be valid. It can take effect immediately or only if you lose capacity. Choose a trusted person and get legal advice to tailor the appointment and any conditions or limitations.
An enduring power of guardianship allows you to appoint a person to make personal and health decisions for you if you lose capacity. It covers decisions like accommodation, medical treatment, and day-to-day care. It differs from a financial power of attorney and should be considered alongside other advance-care planning documents.
Often yes. If the deceased left a will and named an executor, the executor usually applies for a grant of probate from the Supreme Court to obtain authority to deal with bank accounts, property, and other assets. If there is no will, an administrator may apply for letters of administration. Some assets can be transferred without probate if the value is small or joint ownership applies.
If you believe you were not adequately provided for, you may have grounds for a family provision claim under the Succession Act. Eligible applicants include dependants and close family members. These claims are time-sensitive and often require evidence of financial need and your relationship to the deceased.
Review your will and estate planning documents regularly and after major life events - for example, marriage, divorce, birth or adoption of children, death of an appointed executor or beneficiary, acquiring significant assets, or starting or selling a business. A review every three to five years is common practice unless circumstances change sooner.
Yes. If you are concerned an attorney is acting improperly - for example, misusing funds, acting outside their authority, or not acting in the principal’s best interests - you can apply to the appropriate tribunal or court for review. In South Australia, matters involving guardianship and administration issues can be brought to SACAT or the Supreme Court depending on the problem.
Superannuation death benefits are dealt with under the rules of the superannuation fund and federal superannuation law. Funds often have discretionary powers to appoint beneficiaries, and benefits may be paid outside the formal estate depending on the binding nomination in place. Disputes can arise where family members disagree with trustee decisions.
Costs vary with complexity. Simple matters like a basic will may be offered at a fixed fee. More complex estate planning, trust creation, contested probate, or litigation is usually charged hourly with a written costs estimate and engagement letter. Discuss fees, disbursements, and likely timeframes at the first meeting. Legal aid or pro bono options may be available in limited circumstances.
Choose people who are trustworthy, capable, and willing to take on the administrative and decision-making tasks. Consider their proximity, financial literacy, temperament, and relationships with beneficiaries. Many people appoint a professional trustee or solicitor as co-executor or as a backup to provide expertise and impartial administration.
For residents of Athelstone seeking further help or authoritative information, consider these resources and bodies:
- South Australian legislation and court services for information on probate, administration and relevant statutory requirements.
- South Australian Civil and Administrative Tribunal for guardianship and administration matters.
- Office of the Public Advocate South Australia for advocacy and information about supported decision-making and elder persons rights.
- State Trustee of South Australia which provides trustee and estate administration services.
- Australian Taxation Office for taxation information relevant to estates and trusts.
- Superannuation funds and the Australian Prudential Regulation Authority for guidance on superannuation death benefits and trustee obligations.
- Legal Aid South Australia and local community legal centres for people who may be eligible for free or low-cost legal help.
- Professional organisations such as state law societies and the Law Society of South Australia to find accredited solicitors and check credentials.
If you need legal assistance with private client matters in Athelstone, here are practical steps to take:
- Collect key documents before meeting a lawyer - current will, previous wills, details of assets and liabilities, superannuation information, insurance policies, existing power of attorney or guardianship documents, and any business or trust documents.
- Book an initial consultation with a solicitor who specialises in wills and estates or private client work. Ask about their experience with South Australian law, fee structure, and whether they offer a fixed-fee package for straightforward tasks.
- Prepare questions for your meeting - for example, how to structure your estate to meet family needs, tax considerations, how to protect vulnerable family members, and what steps to take immediately if someone has recently died.
- If urgent action is needed - for example, to prevent dissipation of assets or to apply for urgent intervention - tell your lawyer immediately. Courts can issue urgent orders to protect assets and interests when necessary.
- Keep records of instructions and the lawyer’s advice, and ensure you receive a written engagement letter outlining the scope of work and costs. Review and update your estate plan periodically and after major life events.
Engaging a qualified private client lawyer early can avoid costly disputes, ensure your intentions are legally effective, and provide peace of mind for you and your family.
