Wills and Estates Services
MNG Lawyers is now also providing conveyancing, property law services, and estate planning within the Ballarat community - get in touch with us today.
We understand that your case is unique, so our approach is client-centric.
We offer comprehensive advice and representation across multiple areas of law, always tailored around your individual needs.
A Will is a vital legal document that every adult should have. Your Will allows you to direct how your hard-earned assets are distributed when you die: property, shares, bank accounts, insurance policies and all personal items such as jewellery, photographs and more.
In the event that you pass away without a Will, the provisions of intestacy take precedent and your assets may end up being distributed in a way that contradicts your wishes.
If your Will is not properly prepared, it could be considered invalid or subject to contest. That’s why it is highly important that you seek the advice of an experienced Solicitor to prepare a Will on your behalf.
Our experienced team will assist you in your comprehensive Estate Planning, minimising the potential for disputes against your Will.
Estate Planning and Asset Protection
Wills can be used in relation to Asset Protection for those in high-risk professions, or for those looking to pass assets to at-risk individuals.
Estate Litigation / Contesting a Will
Our experienced team of Lawyers will help determine whether you have grounds to contest a Will. A Will can be contested for various reasons, including:
Testator Family Maintenance Claim
If the deceased has failed to make adequate provision for somebody they ought to have considered, their will may be contested. The law allows for contest by spouses, de facto partners, children, family members or any other person who can show that they were dependent upon the deceased.
Lack of Testamentary Capacity
If it is found that the deceased lacked the testamentary capacity to make and understand the contents of their last Will, a claim can be made by a beneficiary under an earlier Will.
If it is found that the deceased was 'unduly influenced' in the preparation of their last Will and testament, a claim can be made by a beneficiary under an earlier Will.
If you or a family member are planning on contesting a Will, make an appointment with one of our lawyers to obtain the best advice as early as possible.
Powers of Attorney
Enduring Power of Attorney
This legal document authorises another person to act on your behalf in relation to all financial, legal and personal matters – even after you no longer to have capacity to act on your own behalf. The person can be a trusted friend, spouse, partner or relative. They must be over the age of 18 and cannot be bankrupt.
You can only make an Enduring Power of Attorney if you are of sound mind and capable of making legal and financial decisions on your own behalf.
An Enduring Power of Attorney is a valuable way to protect yourself against abuses in situations where you’re unable to make important decisions on your own behalf.
General Non-Enduring Power of Attorney
An Enduring Power of Attorney (Medical) gives the person who you appoint the ability to make all decisions on your behalf in relation to medical treatment if you are not in a position to make such decisions on your own behalf.
Appointment of a Medical Treatment Decision Maker
In circumstances where you are unable to make a medical decision on your own behalf, your medical practitioner will need to seek the consent of your legally appointed Medical Treatment Decision Maker before acting (unless it is an emergency situation). Your Medical Treatment Decision Maker must make the decision that they believe you would have made yourself if you had the capacity.
Advanced Care Directive
Made under the Medical Treatment Planning and Decisions Act 2016, an advanced care directive can include the following:
An Instructional Directive with legally binding instructions about future medical treatment that you consent to or refuse.
A Values Directive, which documents your values and preferences for your Medical Treatment Decision Maker to consider when making decisions for you.