Kernans Lawyers offers extensive experience in:

• Drafting & updating wills;
• Applying for Probate and administration if a Will is invalid;
• Assistance with claims against wills & estates
• Estate planning including business succession plans 
• Supreme Court estate litigation; and
• Making a claim for a person left out of a Will
• Testamentary Trusts

We always recommend keeping your will up to date as it makes distributing your estate far easier on your beneficiaries in what is already a hard enough time as it is.

LETTERS OF ADMINISTRATION
In some cases a valid Will does not exist. Kernans Lawyers can assist you with applying for Letters of Administration to the Supreme Court of NSW. In these circumstances, there is legislation that details how an estate may be distributed and by whom.

THE FAMILY PROVISIONS ACT 1982
If you expected to be a beneficiary of a will but have not been provided for, you can make a claim against the distribution of any estate under the Family Provision Act 1982, provided you can clearly set out reasons as to why you should be considered a beneficiary of the deceased estate.  We will correspond with the Executor of the Will and try to negotiate an appropriate settlement.  If that fails, we can lodge an application seeking an appropriate adjustment in the Supreme Court.

PROBATE
Kernans Lawyers can help you apply to the Supreme Court of NSW for Probate in instances where there is a valid will and you have been nominated as Executor of that will. The Supreme Court can then grant probate which authorises you to distribute the deceased estate in accordance with the provisions of the will.  We help you to ensure that the wishes of the willmaker are carried out and ensure that your obligations as Executor are carried out according to law.

TESTAMENTARY TRUST
If you have or expect to have considerable assets and/or superannuation benefits you need to ensure that your beneficiaries receive what you intend.  There is preferrential tax treatment of trust created by a Will that could mean your beneficiaries receive more than they otherwise would and the tax man receives less.  This is not tax avoidance, just a well advised use of the provisions of the tax laws.

Testamentary Trusts will also be of great assistance in protecting beneficiaries if they are bankrupt, going through divorce or separation and if they are poor money managers.

A Testamentary Trust will enable you to appoint a controller of the income or assets of your estate and apply them in the best interests of your beneficiaries in a tax effective manner.
Arrange a consultation with Peter Kernan for Wills and Probate advice.

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