MNG Lawyers is a progressive
legal practice believing in taking
a hands-on approach to all
Our areas of service include:
Suite 2, Level 1
638-640 Mt Alexander Rd
Moonee Ponds 3039 Victoria
Tel: +61 3 8371 1600
Wills & Estates Services
Whether you are about to prepare a will or contest a will, the experienced team at MNG Lawyers can offer you wide range of services to give you the best advice on preparing and contesting wills.
A will is an important legal document that every adult person should have. A will allows for you to direct how your assets are to be distributed when you die. Your will can cover all assets that you have worked hard for and own at the time of your death including property, shares, bank accounts, insurance policies and all personal items such as jewellery, photographs and other like items.
It is important that you have a will. In the event that you pass away without a will, the provisions of intestacy take precedent and your assets may end up being distributed in a way that you would not have wished.
If your will is not prepared properly it could be considered invalid. It is important that you seek the advice of a Solicitor to prepare a will on your behalf.
Finally, if your will is not drawn properly it can be subject to a contest at a later stage. Our experienced team will assist you in your Estate Planning so as to minimise any potential for a dispute against your will in the future.
Estate Litigation / Contesting a will
Whilst the law recognises a person's right to leave their estate to whomever they choose, there are often a number of reason why a will should be contested. Our experienced team of Lawyers can advise you in relation to whether you have grounds to contest a will.
A will can be contested for various reasons including:
Testator Family Maintenance Claim
A will can be contested if the deceased has failed to make provision or adequate provision for a person who he ought to have considered when making his will. The law provides for various classes of claimants to contest a will including spouses, de facto partners, children, family members or any other person who can show that they were dependent upon the deceased to make provision for them.
Lack of Testamentary Capacity
A claim can be made by a beneficiary under an earlier will if it is found that the deceased lacked the testamentary capacity to make and understand the contents of the will that they were signing.
A claim can be made by a beneficiary under an earlier will if it is found that the deceased was 'unduly influenced' in the preparation of his last will and testament.
If you or a family member are planning on contesting wills, we recommend that you make an immediate appointment with one of our experienced team to obtain the best advice in relation to these issues.
Powers of Attorney
Enduring Power of Attorney (Financial)
An Enduring Power of Attorney (Financial) is a legal document authorising another person to act on your behalf in relation to all financial and or legal matters. This person can be a trusted friend, spouse, partner or relative. Your attorney must be over the age of 18 and cannot be a bankrupt.
You can only make an Enduring Power of Attorney (Financial) if you are of sound mind and when you are capable of making legal and financial decisions on your own behalf.
Enduring Powers of Attorney (Financial) are useful for people of all ages to protect against a situation arising where they may not be able to make legal and financial decisions on their own behalf.
Enduring Power of Attorney (Medical)
An Enduring Power of Attorney (Medical) gives the person who you appoint the ability to make all decisions on your behalf in relation to medical treatment if you are not in a position to make such decisions on your own behalf.
Enduring Power of Guardianship
An Enduring Power of Guardianship gives the person who you appoint the ability to make lifestyle decisions on your behalf should you lose the capacity to do so. This includes things such as where you should live.