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Will & Estate Planning Lawyers | Oran Park | ALA Law
If you’re in Oran Park and planning your Will, Power of Attorney, or Enduring Guardianship documents, having the right estate planning lawyers by your side is essential. You need professionals who provide not just legal expertise, but also care, dedication, and guidance tailored to your circumstances.
At ALA Law (formerly Amanda Little & Associates), we support families in Oran Park and surrounding areas with comprehensive estate planning services. We understand that planning for the future can feel overwhelming, which is why our experienced team is here to make the Will and estate planning process clear, straightforward, and stress-free.
What is an Estate Plan?
An estate plan helps ensure your assets go where you want them to, protects your beneficiaries, and considers the tax impact of your decisions.
A complete estate plan may include:
- Assessing Your Assets and Liabilities – Understanding your financial position is the first step in estate planning.
- Strategic Planning with Experts – We collaborate with your financial planner or accountant to consider the tax implications of your estate and gifts.
- Reviewing Asset Ownership Structures – We examine how your assets are held, including jointly owned property, superannuation nominations, and assets outside your estate.
- Implementing Asset Protection Strategies – We assist in actions required to protect assets, including quarantining them for the estate, transferring interests, and setting up binding death nominations.
- Preparing Legal Documents – Depending on your needs, we draft Wills, Powers of Attorney, and other legal documents, ensuring your estate plan reflects your specific circumstances. This may include testamentary trusts, special disability trusts, or life estates.
Estate Planning Services
Our experienced estate planning lawyers help you make informed decisions about your future by simplifying complex legal and financial matters and ensuring your wishes are clearly documented and protected.
Making A Will
A carefully drafted Will ensures your wishes are followed and can help avoid future disputes. With over 30 years of combined experience, ALA Law’s solicitors are skilled in handling complex estate plans tailored to your needs.
- Estate planning becomes more involved in situations such as:
- Blended families and multiple relationships
- Divorce, remarriage, and stepchildren
- Overlaps between Family and Estate Law
- Involvement of Family Trusts, SMSFs, or company assets
- Intentionally excluding certain individuals under family provision laws
- Concerns about a beneficiary’s conduct or behaviour
- Complex gifts, loans, or debt forgiveness
- Beneficiaries with disabilities
- Protecting entitlements for minors
Every estate is different, and ensuring your Will is valid and effective takes careful legal planning. Contact us today to get started.
Power of Attorney
A Power of Attorney lets you appoint someone to manage your financial and legal matters if needed. To be valid, you must be over 18 and mentally capable of making this decision.
At ALA Law, we direct you through the process to ensure your Power of Attorney reflects your needs and provides the right level of protection.
There are two types of Power of Attorney depending on your legal needs:
- Enduring Power of Attorney – an Enduring Power of Attorney ensures that if you lose mental capacity, your appointed Attorney can continue managing your financial and property affairs on your behalf. This provides essential security, ensuring your assets are protected and financial obligations are met until you regain capacity or pass away.
- General Power of Attorney – a General Power of Attorney grants authority to manage financial and legal matters for a specific period or purpose, such as handling transactions while you are overseas or executing contracts on your behalf. Unlike an Enduring Power of Attorney, this authority ceases if you lose mental capacity.
Choosing the right Power of Attorney is an important decision. Our experienced estate planning lawyers provide clear, practical advice to help you make informed choices that safeguard your interests. Contact us today to discuss how we can assist you.
Enduring Guardianship
An Enduring Guardian plays a vital role in your estate planning, ensuring that your personal, medical, and lifestyle decisions are made by someone you trust if you lose the capacity to make them yourself. By appointing an Enduring Guardian, you maintain control over who will advocate for your best interests when you are unable to do so.
If you are over 18 years of age and have the mental capacity to understand the appointment, you can nominate one or more trusted individuals as your Enduring Guardian/s. This legal safeguard provides peace of mind, knowing that your future care and wellbeing will be in capable hands.
At ALA Law, we provide expert advice to help you make informed decisions about your Enduring Guardianship, ensuring your wishes are respected. Contact us today to learn more.
Complex Estate Matters
Estate planning can involve intricate legal and financial considerations, especially in complex situations. We provide expert advice tailored to your unique circumstances, ensuring your estate is structured and managed according to your wishes.
Beyond drafting Wills and standard estate planning, our experienced team offers a comprehensive range of legal services, including:
Testamentary Trusts
A testamentary trust is a trust established through your Will, designed to provide greater asset protection and financial benefits for your beneficiaries. Depending on your needs, there are different types of testamentary trusts, including:
- Discretionary Trusts – Offering flexibility in managing assets for beneficiaries.
- Special Disability Trusts – Providing for beneficiaries with disabilities while protecting their entitlements.
When Should You Consider a Testamentary Trust?
A testamentary trust may be beneficial if you want to:
- Protect assets from creditors in the event of financial difficulties.
- Safeguard assets from family law disputes, such as divorce and property settlements.
- Preserve wealth against claims from new spouses or marriages.
- Allocate funds for education and other specific purposes.
- Support high-risk professionals (e.g. doctors, lawyers) whose assets may be subject to legal claims.
- Provide financial security for beneficiaries with ongoing challenges, such as gambling, substance abuse, or poor financial management.
- Maximise tax benefits through income splitting.
- Prevent potential Will disputes or family provision claims.
- Ensure ongoing care for a child with a disability.
Given the complexity and long-term responsibilities involved, it’s essential to seek legal advice when considering a testamentary trust. We can help you go through the process and help determine whether this is the right option for your estate plan. Contact us today to discuss your estate planning needs.
Contesting A Will
If you have been excluded from a Will or have not received an expected inheritance, you may have the right to contest the Will through the Supreme Court of New South Wales by making a Family Provision Claim under Chapter 3 of the Succession Act 2006 (NSW).
Who Can Contest a Will?
To challenge an estate, you must be an eligible person, which includes:
- The surviving spouse of the deceased.
- A de facto partner who was living with the deceased.
- A child of the deceased, including adopted children.
- A former spouse of the deceased.
- A person who was in a close personal relationship with the deceased.
- A person who was:
- Wholly or partly dependent on the deceased; or
- A member of the deceased’s household.
If you are in the Oran Park area and believe you have a claim, our experienced team at ALA Law can guide you through the legal process with care and expertise. Contact us today to discuss your options.
Deceased Estates
When someone passes away, their assets become part of their deceased estate, which is usually distributed according to their Will. However, if a person passes away without a Will (intestate), their estate is managed under succession laws, which determine who is entitled to their estate assets and how the estate should be administered.
A knowledgeable wills and estate lawyer can guide you through the process, whether you need assistance administering an estate, applying for Letters of Administration, or contesting a Will.
Probate
If you are an executor of an estate or a loved one has passed away without a Will, you will need to apply for Probate with the Supreme Court of New South Wales to legally administer the estate.
At ALA Law, we know this can be a complex and overwhelming process, so we handle it for you. Our probate lawyers assist with preparing and filing all necessary documents, including:
- Summons for Probate
- Affidavit of Executor
- Inventory of Property
- The Will (including codicils)
- Death Certificate
Contact our experienced team today to discuss your estate administration needs.
Letters of Administration
If a loved one has passed away without a valid Will, you may need to apply for Letters of Administration to become the estate administrator. This process ensures the estate is legally managed and distributed to those entitled under succession laws.
If your loved one had a Will but the original document cannot be located, you may need to apply for Letters of Administration – Will Annexed. This can be a complex legal process, but at ALA Law, we are here to guide you, allowing you to focus on what matters most.
Get in touch with our experienced Wills and Estates lawyers for expert advice and support.
Meet Our Experienced Legal Team
At ALA Law, our team is led by Amanda Little, an Accredited Specialist in Family Law, Mediator, Family Dispute Resolution Practitioner, Collaborative Family Lawyer, Sessional Academic, Public Speaker, and Author. Amanda is widely recognised for her expertise and leadership in Western Sydney, having been named 2019 Business Person of the Year for Penrith and 2019 Business Woman of the Year for Lindsay.
With a team of highly skilled and dedicated lawyers, we are committed to providing expert legal guidance with care, integrity, and professionalism. We prioritise strong relationships with our clients and the broader community, ensuring every case is handled with personalised attention and respect.
Meet our Estate Planning Lawyers in Oran Park
Jacinta Watkins
Partner
Estate Planning and Deceased Estate
Collaborative Professional
Bernadette Melhem
Partner: Family Law
Accredited Specialist Family Law, Mediator
Jessica Bristow
Associate
Jayne Howarth
Associate
Julia Davies
Lawyer