Best Private Client Lawyers in Essendon

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Eales & Mackenzie Melbourne
Essendon, Australia

Founded in 1882
50 people in their team
English
OverviewExpertise and experience sets Eales & Mackenzie apart as a trusted and professional legal firm in Melbourne. We serve businesses and individuals throughout Australia and overseas with our main areas of practice including: *Commercial and Property Law *Commercial Litigation *Wills and...
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About Private Client Law in Essendon, Australia

Private Client law in Essendon, Australia, is a specialized area of legal practice that focuses on serving individuals and families rather than businesses or corporations. It includes services such as estate planning, drafting wills, establishing trusts, managing enduring powers of attorney and dealing with probate and the administration of estates. Private Client lawyers also assist with guardianship matters and issues related to elderly care. Given the diverse and multicultural population of Essendon, Private Client law may additionally involve cross-border issues and bespoke planning for unique family circumstances. The aim is always to protect your assets, support your loved ones, and ensure your wishes are respected now and in the future.

Why You May Need a Lawyer

There are several common situations where engaging a Private Client lawyer in Essendon can be crucial. These include:

  • Drafting or updating a will to ensure proper distribution of assets
  • Establishing powers of attorney for financial or medical decisions
  • Setting up trusts for family members or charitable purposes
  • Administering a deceased estate and obtaining probate
  • Resolving disputes between beneficiaries or family members
  • Protecting vulnerable relatives through guardianship or administration orders
  • Providing advice on asset protection and inheritance tax implications
  • Managing business succession planning for family owned businesses
  • Addressing aged care and elder law concerns

Attempting to handle these matters without legal advice can lead to unintended consequences, disputes, or delays in seeing your wishes carried out.

Local Laws Overview

In Essendon, which is subject to Victorian laws and regulations, Private Client matters are primarily governed by several key statutes and local procedures. Wills and probate are regulated under the Wills Act 1997 (Vic) and the Administration and Probate Act 1958 (Vic). If someone dies without a valid will, intestacy rules set out who receives the estate. Powers of attorney, including for medical, financial, and personal matters, are covered by the Powers of Attorney Act 2014 (Vic) and Medical Treatment Planning and Decisions Act 2016 (Vic). Guardianship and administration for adults unable to make decisions are dealt with under the Guardianship and Administration Act 2019 (Vic).

Local courts such as the Supreme Court of Victoria (Probate Division) and the Victorian Civil and Administrative Tribunal (VCAT) are often involved in Private Client matters. Additionally, stamp duty, land tax, and inheritance tax issues may arise, requiring knowledge of state revenue laws. Local requirements and timeframes can affect how estates are administered and how disputes are resolved, making local legal expertise valuable.

Frequently Asked Questions

What is a will and why do I need one?

A will is a legal document that sets out how you want your assets distributed after your death. Having a valid will ensures your wishes are respected and can help prevent family disputes.

What happens if I die without a will in Essendon?

If you die without a valid will, you are considered to have died intestate. State laws will determine how your estate is divided, which may not reflect your preferences. It can also complicate and prolong the administration process.

How do I appoint someone to make decisions for me if I become incapacitated?

You can appoint someone using an enduring power of attorney. This document can cover financial, personal, or medical decisions and only comes into effect if you lose capacity.

What is probate and when is it needed?

Probate is a court process confirming the validity of a will and authorizing the executor to manage the deceased's estate. It is typically needed if the deceased owned real estate or substantial assets in their own name.

Can a will be contested in Victoria?

Yes, eligible persons (such as children, spouses, or dependents) can contest a will if they believe they have not been adequately provided for, usually through a family provision claim.

What are the duties of an executor?

An executor is responsible for collecting the estate's assets, paying debts, managing tax obligations, and distributing assets according to the will. This can involve legal, tax, and administrative work.

How can I provide for a child with special needs?

Special disability trusts or tailored will clauses can be used to ensure that children with special needs are provided for financially, without negatively impacting their government benefits.

Do I need to update my will after major life changes?

Yes, significant events like marriage, divorce, the birth of a child, or acquiring new assets should prompt a review of your will to ensure it continues to reflect your wishes.

What is a trust and when should I set one up?

A trust is a legal arrangement where assets are managed by a trustee for the benefit of beneficiaries. Trusts are useful for asset protection, estate planning, tax planning, and supporting dependents.

How long does it take to administer an estate in Essendon?

It varies depending on the complexity of the estate. Straightforward estates may be finalized within six to twelve months, while more complex matters can take significantly longer.

Additional Resources

If you require further information or assistance regarding Private Client matters in Essendon, the following resources can help:

  • Supreme Court of Victoria Probate Office
  • Victorian Civil and Administrative Tribunal (VCAT)
  • State Trustees Victoria
  • Victoria Legal Aid
  • Law Institute of Victoria
  • Office of the Public Advocate (Victoria) for guardianship and administration advice

Next Steps

If you need legal assistance with Private Client matters in Essendon, consider taking the following steps:

  • Identify your specific needs, such as will preparation, probate, or powers of attorney
  • Gather relevant documents such as existing wills, ownership records, and personal identification
  • Seek recommendations for reputable Private Client lawyers in Essendon or consult the Law Institute of Victoria
  • Arrange an initial consultation to discuss your situation and understand your options
  • Ensure you understand the costs, timeframes, and steps involved before proceeding

A knowledgeable local lawyer can ensure you receive tailored advice and help navigate all relevant legal requirements, giving you and your family peace of mind for the future.

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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.