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Wills & Estate Planning

Estate planning is the process of strategically electing how your assets and investments will be distributed when you pass away. Your estate can be comprised of anything of value including property, cars, valuables or money. Although a will is a valuable component of estate planning, there are a number of other things you will need. Our solicitors at 360 Legal bring a wealth of knowledge to help you with your estate plan. We will advise you on a number of legal tools such as wills and testamentary trusts to help you achieve your desired outcome.

When drafting your will, our team are devoted to ensuring that your wishes are implemented and that your loved ones are looked after. This legal document will stipulate the division of your assets in a way that you want them divided up. It is, important, however, to ensure that the will exists in a valid format (written, signed and witnessed) and is well-structured (to withstand potential challenges to the will).
In the absence of a will, you assets will be divided according to a pre-determined hierarchy of relatives. This hierarchy is:

  1. Spouse
  2. Children
  3. Parents
  4. Brothers and sisters
  5. Grandparents
  6. Aunt or uncle
  7. Cousins
  8. In the absence of any relatives, the government of NSW will take possession of the assets.


Disputing a will

On the other hand, if you feel that you have grounds to challenge a will, our team will of specialised lawyers will advise you on the most suitable approach depending on your situation. There are multiple grounds on which you may contest a will such as undue influence, fraud, forgery, the will maker’s lack of mental capacity when making the will or simply feeling that you were not sufficiently provided for in the Will. Whatever the reason may be, we will aim to establish your eligibility and advise you accordingly.