Wills, Estates & Probate

Working on the Mornington Peninsula we cover matters across Personal, Business and Commercial Law. We pride ourselves on being flexible, easy and most of all cost effective.

Wills & Estates

WILLS, PROBATE & ESTATES

We can help you put together a simple Will or a complex Testamentary Trust and everything in between. In addition we can handle the process of Probate and Estate Administration .

WILLS & ESTATE PLANNING

Putting a legal Will in place is crucial for securing the future for those you love. Wills require careful planning and regular review and updating as life events such as marriage, divorce and birth of children occur. We are experts at:

We can help you put together one of the most important plans you’ll ever make – your Will. A Will is the legal document that sets out what you wish to happen to your assets when you die. It’s a key part of protecting your family and loved ones. There are many things to consider when preparing your overall Estate plan. A review of your Estate planning needs includes looking at what assets you own, how those assets are held, whether you’re married or planning to be married, whether you’re separated or divorced, whether you have children and whether you wish to specifically leave someone out of your Will who might expect to be included in it.

Another important factor, particularly for young families or those with a child who has special needs, is guardianship of minor children in the event both parents are deceased. We can help talk you through all the important issues around who you’ll appoint to look after the day to day care and financial wellbeing of your minor children.

In certain circumstances or in more complex estate plans it may be advisable to put in place a testamentary trust. This is where you entrust a third party (such as a trusted family member or your lawyer or financial professional) to manage your assets on behalf of your chosen beneficiaries. This can be helpful if you die with minor children. It can also be helpful if your chosen beneficiaries are vulnerable to losing the money if they control it directly either through poor management, divorce or debts. A testamentary trust can ensure that your beneficiaries benefit in the ways you wish
them too whilst protecting the assets.

Whilst your Will and testamentary trusts deal with matters after you’re gone the Powers of Attorney deal with financial and personal/health matters in circumstances where you’re incapable of doing so during your life. We recommend you appoint a trusted family member (often a husband, wife or adult child) as an attorney to deal with your financial and health decisions in the event you become incapable of doing so.

When a family member dies it’s a very stressful time. Dealing with grief is hard enough but you may also be dealing with the legal and financial matter of your loved one’s estate. We can help ease your burden by taking care of preparing and lodging an application for Probate or Administration if you’ve been given the trusted and important role of executor of
your loved one’s estate.

A grant of Probate or Administration is the licence issued by the Supreme Court of Victoria to the executors of a Will to allow those executors to deal with and distribute the assets of the estate as specified in the Will.

JOEL W. CARRoll Probate services provider

A grant of Probate is given by the Supreme Court. The grant gives the Executor permission to undertake his or her duties under the Will. In order to obtain a grant of probate the original Will must be lodged at the Court together with various Affidavit evidence. We can prepare all the necessary paperwork for your grant of probate and assist you to administer the Estate.

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Joel W Carroll

Providing legal services to all Melbourne Metropolitan regions and the Mornington Peninsula

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Providing legal services to all Melbourne Metropolitan regions and the Mornington Peninsula