Wills and Estates

A professionally drafted will is the best way to make sure your loved ones are looked after and your wishes are carried out when you die. Without a will, your estate is distributed under legislation, which can be complex, slow and more expensive for your next of kin.

Your will appoints one or more executors to manage your estate. They identify your assets and liabilities, deal with debts and ensure your property is distributed according to the instructions in your will.

The wills and estates lawyers at Pace Adelaide Legal prepare wills that comply with the formal requirements of the South Australian Wills Act, taking into account your family circumstances, business interests and asset structure.

Yes. People with standing, such as close family members, may challenge a will if they believe they were not adequately provided for or if they allege a lack of capacity or undue influence. Careful drafting and advice can reduce the risk of a successful challenge.

A complex will is often needed where there are blended families, business structures, trusts or vulnerable beneficiaries. It may include testamentary trusts, guardianship clauses, provisions for children of previous relationships and directions about how and when beneficiaries receive their inheritance.

When an estate is contested, the court considers whether the will is valid and whether eligible family members have been given adequate provision. Experienced wills lawyers can negotiate on behalf of the executor or claimant and, where necessary, represent them in court proceedings.

Common reasons include concerns about the will maker’s mental capacity, allegations of pressure or undue influence and situations where a spouse or child feels they have not been provided for fairly, particularly in blended families with competing interests.

An enduring power of attorney continues to operate even if you lose mental capacity. It lets you choose who will manage your financial and legal affairs if you can no longer do so yourself.

An enduring power of attorney continues to operate even if you lose mental capacity. It lets you choose who will manage your financial and legal affairs if you can no longer do so yourself.

Yes. You can limit what your attorney is allowed to do, for example by restricting their ability to sell property or manage business affairs. Your lawyer can help you tailor the document to reflect your preferences and concerns.

A power of attorney is generally limited to financial and legal decisions and does not usually authorise someone to make lifestyle or welfare decisions such as where you live. Those decisions are normally covered by an advance care directive.

An advance care directive allows you to appoint a substitute decision maker to make lifestyle and welfare decisions if you lose capacity, and to record your wishes about matters such as accommodation and medical treatment if you become terminally ill or unable to decide for yourself.

Both documents must be signed while you still have legal and mental capacity. They take effect if and when you lose capacity, so it is important to put them in place early rather than waiting until there are concerns about your decision making ability.

Estate administration usually involves identifying the assets and liabilities of the estate, obtaining probate or letters of administration, paying debts, transferring or selling assets and arranging registration of death on jointly owned property. Wills and estates lawyers guide executors or next of kin through each step.