Best Private Client Lawyers in Kew

About Private Client Law in Kew, Australia

Private Client law is an area of legal practice that focuses on the personal legal affairs of individuals and families. In Kew, Australia, Private Client services typically include estate planning, drafting of wills, administration of deceased estates, powers of attorney, trusts, guardianship matters, and management of wealth and assets. Private Client lawyers in Kew help clients to manage the often complex issues of succession, taxation, and dispute resolution, while ensuring that their wishes are respected and that their assets are protected for future generations.

Why You May Need a Lawyer

There are several situations in which residents in Kew may require the assistance of a Private Client lawyer. Common scenarios include:

• Drafting or updating a will to ensure assets are distributed according to your wishes
• Managing the estate of a loved one who has passed away
• Creating or administering family trusts to protect assets or provide for dependents
• Establishing powers of attorney or enduring guardianships, particularly to prepare for incapacity
• Protecting vulnerable family members through guardianship or financial management orders
• Advising on minimising tax liabilities on inheritance or large gifts
• Resolving disputes over wills, estates, or trusts, including claims for further provision
• Assisting with international asset management or cross-border inheritances

Local Laws Overview

Kew falls under the jurisdiction of Victoria, Australia, and is subject to both state and some federal laws relating to Private Client matters. Key aspects relevant to Kew residents include:

• The Wills Act 1997 (Vic): Governs the creation, revocation, and validity of wills in Victoria
• Administration and Probate Act 1958 (Vic): Outlines the laws relating to probate, administration of deceased estates, and intestacy (when someone dies without a will)
• Powers of Attorney Act 2014 (Vic): Sets the rules for appointing someone to make financial and personal decisions if you lose capacity
• Guardianship and Administration Act 2019 (Vic): Covers the appointment of guardians or administrators for adults unable to make decisions for themselves
• Succession Law: Victorian laws govern disputing an estate, including claims for further provision by eligible family members
• Taxation Laws: Federal and state tax considerations, such as capital gains tax on inherited assets, are important when managing estates and trusts

Local lawyers are experienced in navigating these legal requirements, providing tailored advice to Kew residents.

Frequently Asked Questions

What happens if a person dies without a will in Kew?

If a person dies without a valid will, their estate is distributed according to the intestacy rules set out in the Administration and Probate Act 1958. Close relatives such as spouses, children, and parents may inherit, but distribution may not reflect the deceased's wishes.

How do I make a legally valid will in Victoria?

A will must be in writing, signed by the will-maker in the presence of two witnesses, and both witnesses must also sign the will. A lawyer can help ensure your will is properly prepared and executed.

Can I change my will if my circumstances change?

Yes, you can amend your will at any time while you have legal capacity. Any updates should be made legally, either by creating a new will or by using a codicil, to ensure your wishes are clear and enforceable.

What is probate, and when is it required?

Probate is a court process that confirms the validity of a will and authorises the executor to administer the estate. Probate is usually required if the deceased owned significant assets, such as real estate or large bank accounts.

What are powers of attorney and why are they important?

A power of attorney allows someone you trust to make financial and legal decisions on your behalf if you become unable to do so yourself. In Victoria, you can make specific types, including general, enduring, and medical treatment decision makers.

Can someone challenge my will after I die?

Yes, eligible people, such as spouses, children, or dependants, can apply to the court for further provision if they believe they have been left without adequate support from your estate.

How are trusts used in Private Client law?

Trusts are legal arrangements where a trustee holds assets on behalf of beneficiaries. They can be used for asset protection, tax planning, maintaining confidentiality, or supporting vulnerable family members.

What is an Enduring Power of Attorney?

An Enduring Power of Attorney in Victoria continues even if you lose capacity, allowing your appointed attorney to manage your legal and financial matters without interruption.

Can a lawyer help with blended family estate planning?

Yes, an experienced lawyer can advise how to structure your estate plan to provide for children from different relationships and avoid potential disputes in blended families.

Are there inheritance taxes in Victoria?

Australia does not currently have inheritance or estate taxes. However, there may be other tax issues, such as capital gains tax on assets passed to beneficiaries, requiring careful planning.

Additional Resources

If you need more information or support regarding Private Client matters in Kew, these resources may be helpful:

• Victorian Legal Aid: Provides free information and support on a range of legal matters, including wills and powers of attorney
• Victorian Civil and Administrative Tribunal (VCAT): Handles guardianship and administration applications
• State Trustees Victoria: Offers public trustee services for estate planning and administration
• The Law Institute of Victoria: Can help you find a qualified Private Client lawyer
• Supreme Court of Victoria (Probate Office): Handles probate applications and provides forms and instructions
• Seniors Rights Victoria: Supports older individuals on legal and financial matters, including elder abuse and estate planning

Next Steps

If you need legal assistance for any Private Client matter in Kew, consider the following steps:

• List your questions and concerns regarding your personal or family affairs
• Collect relevant documents, such as existing wills, titles, or identification
• Research and contact a reputable local lawyer or law firm specialising in Private Client matters
• Schedule an initial consultation to discuss your situation and obtain detailed advice
• Ask about the process, potential fees, and the next steps to take for your case

Private Client law can be complex and emotionally charged, but seeking advice from an experienced Kew lawyer can help ensure your interests and your family's future are well protected.