Wills, Estates & Probate · Frankston
Getting it right now costs a fraction of arguing about it later.
Wills and estate planning, grants of probate, and contested estates, across Frankston and the Mornington Peninsula.
Planning ahead
Almost every estate dispute we see began years earlier, in a document nobody thought was important at the time. A will that did not meet the formal requirements of the Wills Act 1997 (Vic). A superannuation nomination that had lapsed. A power of attorney that was never signed.
Wills, codicils and trusts
Executors, specific gifts, guardianship of minor children, funeral wishes. Testamentary trusts for young or vulnerable beneficiaries.
Blended families need particular care, where a surviving spouse and children from an earlier relationship both have a claim on the same assets.
Powers of attorney
Enduring powers for financial decisions. General powers for a fixed purpose. Appointments of a medical treatment decision maker under the Medical Treatment Planning and Decisions Act 2016 (Vic).
Advance care directives recording the treatment you would want, and would refuse.
Estate planning
Binding death benefit nominations and the tax treatment of superannuation, which usually sits outside your will entirely.
Asset protection through trusts and structures. Business succession, including buy-sell agreements and key person insurance.
Who decides if you cannot?
If you lose capacity, Victoria applies a statutory hierarchy to decide who makes your medical decisions. It may not be the person you would have chosen. Without an enduring power of attorney, nobody can deal with your bank accounts or property either, and your family may need to apply to VCAT for an administration order. That takes months, and costs considerably more than the documents would have.
After a death
Nothing needs to happen on the day. Most estates allow weeks, not hours. When you are ready, bring the will if you can find one, the death certificate, and a rough idea of what the person owned and owed.
Probate
Where there is a will, the executor usually needs a Grant of Probate from the Supreme Court of Victoria before the estate can be dealt with.
Where there is no valid will, we apply for Letters of Administration instead.
Estate administration
Collecting assets, paying debts and tax, then distributing what remains. Distribution statements, beneficiary releases, property and share transfers.
We advise executors on their duties and their personal liability.
Contested estates
Family provision claims under Part IV of the Administration and Probate Act 1958 (Vic), for claimants and for executors defending them.
Time limits are strict, generally six months from the grant.
300 × 380
replace with a photograph
Who you will deal with
Radek Dajer
Principal solicitor of Professional Edge Lawyers, and a Notary Public appointed by the Supreme Court of Victoria. Radek acts personally on estate matters, in English and in Polish, and is one of only two Polish-speaking notaries in the state.
435 Nepean Highway, Frankston · 1800 776 529
Common questions
Not always. It depends on what the person owned and who holds it. Banks will often release modest balances without one, and jointly owned property usually passes to the survivor automatically. Real estate held in the deceased’s sole name almost always requires a grant. We can tell you before you spend anything.
The estate is distributed under the intestacy rules in the Administration and Probate Act 1958 (Vic), which set a fixed order of entitlement beginning with the spouse or domestic partner and children. Someone entitled must apply for Letters of Administration first. Our step-by-step guide explains it.
On two footings. Validity, meaning testamentary capacity, undue influence, or failure to meet execution requirements. And separately, a family provision claim under Part IV seeking further provision, which can succeed even against a perfectly valid will. Time limits are strict, generally six months from the grant.
Eligibility is set by statute and includes spouses and domestic partners, children including adult children in some circumstances, stepchildren, and certain dependants. Eligibility alone is not enough. The court also asks whether the deceased had a moral duty to provide, and whether the will made adequate provision.
Usually not. Superannuation is held by your fund’s trustee and does not automatically form part of your estate. Without a valid binding death benefit nomination, the trustee decides who receives it. This is the most common gap we see in otherwise careful estate plans.
Speak with us
435 Nepean Highway, Frankston · 1800 776 529