Wills and Probate
KH Solicitors place a strong emphasis on understanding our clients' specific needs in relation to the preparation of Wills, Power of Attorney, Enduring Guardianship, and in the administration of Probate matters. We approach each case with compassion, sensitivity, and practicality, coupled with our in-depth knowledge of the law.
We recognise the importance of these matters and the delicate nature of working with families, especially during times of loss. Therefore, our team is committed to offering dedicated support and professional advice to ensure that our clients' wishes are safeguarded, and their legal concerns fully addressed with utmost care and efficiency.
Wills
A Will is an important legal document that outlines an individual’s wishes for asset distribution and management of affairs after their passing. By creating a Will, an individual can ensure possessions are allocated, assets are distributed, and liabilities met, in accordance with their desired wishes and an appropriate and responsible person is appointed as Executor to manage this process. A Will can also address guardianship of minors, care of pets, charitable contributions, organ donation, and funeral arrangements. Our experienced team will guide you through the process, ensuring that your wishes for asset distribution and estate management are clearly and legally documented, allowing you to safeguard your assets and protect your family's future.
Probate
Probate is a critical legal process that occurs after someone's passing, primarily focused on administering their estate and distributing assets to beneficiaries. During probate, a court validates the deceased's last Will, if available, and appoints an executor to manage their estate. In cases where there is no Will or a valid one, there are other options available like applying for a Letter of Administration. The executor's responsibilities may include settling debts, paying taxes, and ensuring the beneficiaries receive their inheritances. Probate can be a complex and time-consuming procedure, involving the identification of assets and liabilities, the preparation of legal documents, document filing and in some cases mediation and court appearances. However, with the guidance of our experience solicitors, this process can be navigated efficiently and effectively, alleviating stress and ensuring a smooth distribution of assets to the intended beneficiaries.
Enduring Guardianship
An Enduring Guardianship is a document authorising someone to make lifestyle, health and medical decisions for you, at a time when you are unable to do so due to incapacity, like being unconscious following an accident, injury or unforeseen medical event. An appointed Enduring Guardian can influence or decide where you live, what health and personal services are utilized for your ongoing medical management, and the type and extent of medical treatment you might receive from health practitioners. The person you appoint should be someone you trust and who understands the importance of their responsibilities. They should also fully understand your personal needs managed, such as your preferred end-of-life arrangements. Our staff understand the many matters you must consider in relation to the preparation of these types of documents and can provide support and direction coupled with legal expertise to ensure your arrangements are adequately addressed and settled.
Power of Attorney
A Power of Attorney or an Enduring Power of Attorney are legal documents that allow you to appoint a person(s) to manage financial and legal decisions on your behalf, only at a time when you have the capacity to make your own decisions. It is advantageous to have a Power of Attorney in place if you suffer from temporary or permanent loss of capacity following an illness, injury or disability. Your appointed Attorney can be a family member, close friend, solicitor or the NSW Trustee & Guardian or a trustee organisation. Your Attorney is legally required to act in your best interests, so it is beneficial to choose a person or organisation that will not act in ways that might pose a conflict such as benefiting financially from their management of your personal affairs. The appointed Attorney should ideally have financial skills and the ability to deal with issues such as tax and financial planning. They should also respect your views, wishes and existing relationships, values and culture, your right to confidentiality, act according to any limits or conditions placed on their authority, retain accurate records of all dealings and transactions, maintain their finances and monies separate from yours and are of the age and capability to manage your affairs.
An Attorney can be appointed for many anticipated reasons, including if you're travelling or living overseas, you temporarily or permanently lose capacity through illness, injury or disability or you wish to have someone else with more experience than you to manage your finances. A Power of Attorney document can be used for almost any financial purpose including signing legally binding documents, operating bank accounts, paying bills, buying and selling real estate, managing investments and collecting rent. In NSW, an Attorney can only make financial and legal decisions. Our staff understand the many matters you must consider in relation to the preparation of these types of documents and can provide support and direction coupled with legal expertise to ensure your arrangements are adequately addressed and settled.
KH SOLICITORS
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Our office is located at
1st Floor/131 Macquarie St
Dubbo, NSW 2830