Estate Planning

Defend your Will against challenges, so your wealth ends up in the hands of the people you want to benefit.

You have worked hard to build your wealth so the next generation is financially secure. It should be your choice as to who gets what. You’re aware that certain people can challenge your Will, and you are concerned that this may happen to you.

ADLV Law will help you understand where the threats are coming from, and put in place robust strategies to defend your wishes.

With your defenses in place, you can rest assured that you have done everything possible to pass on your wealth to the people you intend to benefit.

Understand the risks of a challenge to your Will.

Put in place effective strategies to defend your wishes.

Ensure your wealth goes to the people you wish to benefit.

So you think you have the right to choose who gets your assets when you die?

Most people think they have the right to choose who gets their wealth when they die. However, the Government has decided that certain people can apply to the Court to override your wishes. This includes family members and people who have been financially dependent on you.

We will help you structure your estate planning to minimise the chances of someone successfully challenging your Will.

We will help you do everything you can to ensure your wealth ends up where you intend.

How we will help.

We will help you put in place effective strategies that contemplate the likely basis for challenges to your Will. This includes taking care to ensure your estate planning documents are valid, limiting the extent of assets that can be subject to a challenge, and appropriately documenting your reasons for how you have allocated your wealth.

With solid strategies in place to enable your estate plan to withstand the foreseen challenges, you can rest easy knowing that your wealth has the best chance of ending up benefitting the people you intend.

You have made sacrifices to build your wealth. Make sure the effort was worthwhile.

You’re a successful business person who has accumulated material wealth. You feel strongly about being able to make your own decisions in life, absent outside interference.

You have thought carefully about who should benefit from your wealth and to what extent, (and who should not). You believe that the Government and the Courts should keep their noses out of your business. You are aware that the law gives certain people the right to challenge your Will and upset your plan, and you want to take whatever action you can to prevent this from happening.

If you don’t carefully plan for the potential challenge to your estate plan, then chances are it will occur and be successful. The people you wish to benefit will then need to endure the uncertainty and stress of defending your wishes, and may ultimately end up with less than you intend.

Leaving things to chance is not an option.

You want to give your wealth to the people you choose. You want to defend against a challenge from someone who wants to override your wishes.

If you don’t take appropriate precautions then your estate plan will be wide open to potential challenges and interference by people you do not wish to benefit.

Let’s get started

Follow these simple steps towards a future you’re in control of.

Step 1

Talk with a lawyer

Tell us what the problem is, and we’ll let you know how we can help. When you call you’ll be put straight through to a great lawyer.

Step 2

Formulate a plan

We’ll schedule an appointment to thrash out a concrete plan. With our plan you’ll know what to expect from beginning to end.

Step 3

Execute the plan

You and our team will then rally around and get things done. We’ll work with you until your issue is completely solved.

Step 4

Move forward with confidence

At the end of the day, you’ll be set to move forward with confidence. No one should be held back by a legal problem.

Our team is fiercely on your side.

We understand how frustrating it is that the Government has sought to place limits on your ability to choose exactly who gets your wealth when you die.
You want to take all possible steps to ensure that your wealth ends up with the people you think deserve to benefit.

Just because someone is related to you, or you have chosen to financially support while you are alive, should not automatically entitle them to a share in your wealth when you die.

Over the past 25 years, we have helped thousands of independently-minded people like you put in place a robust estate plan to ensure their wealth ends up in the hands of the people they wish to benefit from their love and generosity.

Our lawyers include Accredited Specilaist in Business Law, Fellows of the Society of Trust & Estate Practitioners and Accredited Family Business Advisers.

We will support you through the process, from beginning to end. 

 

Kasia Maczuga
Kasia Maczuga
Catherine Fairlie
Catherine Fairlie

Our Great Lawyer Guarantee

We want to be part of your team over the long term. We’ll achieve this by sticking closely to the following key principles

Take the time

We’ll listen carefully to understand what you want to achieve. Then we’ll thoroughly explain our advice and step you through the documents. You can be sure you’ll know the full consequences.

Work as a team

Someone will always be available to answer your questions, or point you in the right direction. You will also benefit from a range of perspectives and experience.

Shared knowledge

One of our key goals is to pass on as much knowledge as we can, so you can make your own informed decisions. We want to make you truly independent.

Stick to our knitting

We only do what we’re good at. You can be confident that we know what we’re doing and won’t pass on the cost of our learning.

Transparent pricing

For advice and documents, we provide a fixed or capped quote so you don’t take price risk. If you’re in a dispute, we’ll map out the process and costs so you know what to expect.

It's your show!

We’re not in this game for our egos. We’re in it for a front row seat to witness your success.

We understand you want to know exactly what our services will cost before making a commitment.

After our initial consultation, where we’ll understand your specific goals and circumstances, we’ll provide you with a detailed Work Proposal outlining:  

  1. The specific legal services we’ll provide 
  2. The exact fixed fee for these services 
  3. The timeline for completion 

Our fixed fair fees are all-inclusive. No hidden costs for telephone calls, emails, photocopying, or other administrative expenses. 

Take the first step

Call us now to book an appointment with one of our experienced estate planning lawyers.

We’ll discuss the best way to pass on your wealth, and gain peace of mind.

Want to know more? Read some of our insights at the links below.

Excluded from a step-parent’s Will? What step-children should know in South Australia 

When a parent dies and leaves everything to their spouse, many children choose not to contest the Will. Out of respect for their parent’s wishes, the grief involved, and the complexities of family life, they allow their step-parent to inherit everything.  But years...

Advising under an EPOA: Know your duties and risks

As a professional adviser, you may have been instructed to manage personal wealth matters for clients in a way that benefits not only your client but also their families.  Your client, like Mary, may have routinely provided regular financial support to their family – adult children, grandchildren, spouses, or even elderly parents. This support can be informal but deeply entrenched, often continuing for years. 

But what happens when your client loses capacity, and their Enduring Power of Attorney (EPOA) takes effect? 

Who pays when someone challenges a Will? A guide for Will-makers and executors in South Australia

If you’ve made a Will or you’re responsible for administering someone else’s estate, you might be concerned about the possibility of a challenge. Will a disgruntled family member make a claim? Could it result in lengthy court proceedings or large legal bills?

Can you gift trust assets in your Will? What every farmer and family business owner needs to know

Learn about Trust Succession and its crucial role in managing family wealth. Ensure your assets are properly protected and passed on.

The hidden tax trap in your estate plan: why super needs special treatment

Understand the Super Proceeds Trust and how it ensures superannuation death benefits are distributed tax-efficiently.