Best Private Client Lawyers in Dandenong

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Galbally & O'Bryan
Dandenong, Australia

Founded in 1935
15 people in their team
English
Founded in 1935, Galbally & O’Bryan is one of Victoria’s leading law firms. We have a reputation for providing ethical, high-quality personal legal services, and access to justice for all of our clients.Our success over the past 80 years has been built on the calibre of our individual...
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About Private Client Law in Dandenong, Australia

Private client law in Dandenong, Australia covers a broad range of legal services aimed at individuals and their families. The main areas within this field include wills and estate planning, trusts, powers of attorney, probate and estate administration, elder law, and superannuation matters. It serves to protect client interests and assets, ensure wealth management, and provide security for loved ones. In Dandenong, this area of law is governed by both Victoria-wide and federal legislation, and it often requires consultation with lawyers who are experienced in local procedures and nuances.

Why You May Need a Lawyer

There are many situations where consulting a private client lawyer in Dandenong can be essential. These include:

  • Drafting or updating a will to ensure your assets are distributed according to your wishes
  • Creating and managing trusts for children or other family members
  • Appointing a power of attorney to make decisions if you become incapacitated
  • Handling probate and the administration of a loved one’s estate
  • Disputing or challenging a will under family provision claims
  • Managing superannuation death benefits and nominations
  • Protecting assets from bankruptcy, family law proceedings, or tax issues
  • Managing legal affairs when moving into aged care or retirement living
  • Planning for blended families and complex family structures
  • Navigating business succession in family-run businesses

Local Laws Overview

Private client matters in Dandenong are influenced by laws and regulations specific to Victoria and Australia. The Wills Act 1997 (VIC) dictates how wills should be created and executed, while the Administration and Probate Act 1958 (VIC) governs how estates are administered. For family provision claims, the Family Provision Part IV of the Administration and Probate Act allows eligible persons to contest a will in some cases. Enduring powers of attorney are covered under the Powers of Attorney Act 2014 (VIC). Trusts are governed by both common law principles and the Trusts Act 1958 (VIC). Superannuation, though largely regulated federally, also intersects with estate planning.

It’s important to note that processes, forms, and requirements may differ slightly in the Dandenong region because of local practices and the proximity to the Probate Office in Melbourne. Local courts may also play a role in certain family provision claims or contested estate matters.

Frequently Asked Questions

What is estate planning and why is it important?

Estate planning is the process of arranging your affairs to protect your assets and ensure they are distributed according to your wishes after you pass away. It can help reduce legal disputes and tax liabilities for your loved ones.

Do I need a lawyer to make a will in Dandenong?

While it is possible to create a will yourself, consulting a lawyer helps ensure it is valid, clearly written, and less likely to be challenged or contested.

What happens if someone dies without a will in Victoria?

If a person dies without a valid will, their estate is distributed according to the intestacy rules set by the Administration and Probate Act 1958 (VIC), which may not reflect the deceased’s wishes.

Who can contest a will in Dandenong?

Certain relatives and dependants, such as spouses, children, and sometimes stepchildren or persons who were financially dependent, can contest a will if they believe they have been unfairly provided for.

What is probate and when is it required?

Probate is the legal process to verify a will and give authority to the executor to deal with the deceased’s estate. Probate is usually required if assets are held in the deceased’s sole name or if banks and financial institutions demand it.

How do powers of attorney work?

A power of attorney is a legal document that lets you appoint someone to make legal, financial, or personal decisions on your behalf if you become unable to do so yourself.

Can I make changes to my will?

Yes. You can update or revoke your will at any time, as long as you have mental capacity to do so. Significant changes should be made with the assistance of a lawyer.

How are trusts used in estate planning?

Trusts can be set up to manage assets for the benefit of specific people, such as minor children, or for tax effectiveness or asset protection. They must be carefully structured according to law.

What happens if there is a dispute over an estate?

Estate disputes are typically resolved through negotiation, mediation, or, if necessary, through the courts. A lawyer can help protect your interests in these situations.

Are superannuation benefits included in my estate?

Superannuation is not automatically part of your estate. You usually need to make a binding nomination with your super fund to determine who receives these benefits.

Additional Resources

Here are some useful resources and organisations for those seeking information or assistance with private client matters in Dandenong:

  • Victorian Legal Aid - for general legal information and support services
  • The Supreme Court of Victoria - for probate and estate administration matters
  • State Trustees - for public trustee services and financial administration
  • Office of the Public Advocate Victoria - for information on powers of attorney and guardianship
  • Law Institute of Victoria - to find accredited legal specialists
  • Australian Securities and Investments Commission (ASIC) - for superannuation and financial advice
  • Centrelink - for information on aged care and social security

Next Steps

If you need legal assistance in a private client matter in Dandenong, start by identifying your specific needs, such as drafting a will, setting up a trust, or managing probate. Gather any relevant documents and consider making a written list of your questions and concerns. Seek out a local lawyer experienced in private client law. You can get referrals from the Law Institute of Victoria or contact local firms directly. It is also helpful to arrange an initial consultation to discuss your situation and understand the legal options available. Even straightforward matters benefit from professional legal guidance to avoid common mistakes and ensure peace of mind for you and your family.

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Disclaimer:
The information provided on this page is for general informational purposes only and does not constitute legal advice. While we strive to ensure the accuracy and relevance of the content, legal information may change over time, and interpretations of the law can vary. You should always consult with a qualified legal professional for advice specific to your situation. We disclaim all liability for actions taken or not taken based on the content of this page. If you believe any information is incorrect or outdated, please contact us, and we will review and update it where appropriate.