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Will & Estate Planning Lawyers | Richmond | ALA Law
If you’re in Richmond 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 go beyond just standard legal expertise, offering tailored legal solutions delivered with care, dedication, and personalised guidance to your circumstances.
At ALA Law (formerly Amanda Little & Associates), we support families in Richmond and the surrounding areas with comprehensive estate planning services. We understand 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 as stress-free as possible.
What is an Estate Plan?
An estate plan ensures your assets are distributed according to your wishes while aiming to protect your beneficiaries and minimise potential tax implications. Our experienced Richmond estate planning lawyers guide you through the legal process to help you make informed decisions about your estate.
An effective estate plan includes:
- Assessing Your Assets and Liabilities – Understanding your financial position is the first step in planning for the future.
- 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 provide guidance on actions required to protect hard-earned 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 to ensure your estate plan reflects your specific circumstances. This may include testamentary trusts, special disability trusts, or life estates.
Estate Planning Services
Our team of lawyers provides a range of services to assist you in the estate planning process, helping put your mind at ease so you can focus on what’s important to you.
Making A Will
A well-structured Will ensures your wishes are honoured and helps protect your family members and loved ones from potential estate disputes later on. ALA Law’s solicitors take the time to understand your individual needs and guide you through a thorough onboarding process, applying our expertise in estates law, to ensure even the most complex situations are handled with care.
Estate planning can become particularly intricate for cases involving:
- Blended families, including multiple marriages or children from different relationships
- Divorce and remarriage
- The intersection of family law and estate law
- Managing family trusts, self-managed superannuation funds, and corporate assets within an estate
- Excluding individuals who may have a claim under family provision laws
- Situations where a beneficiary’s past actions may impact their entitlement
- Structuring complex gifts and debt forgiveness
- Providing for beneficiaries with disabilities
- Protecting the interests of minor beneficiaries
Every estate is unique, and ensuring you have a legally binding Will requires careful planning and expert guidance. Contact us today to safeguard your legacy and secure your family’s financial future.
Power of Attorney
A Power of Attorney is a crucial legal document that allows you to appoint a trusted person, known as your “Attorney”, to manage your financial and legal affairs during your lifetime. To make a valid Power of Attorney, you must be over 18 years old and have the legal capacity to understand the nature and consequences of the appointment.
At ALA Law, we guide you through the process to ensure your Power of Attorney aligns with your needs and provides the necessary protection for your future choices.
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 security that 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 expert Wills and Estate Planning lawyers provide clear instructions and practical solutions to help you make an informed choice that safeguards 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 fully 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. ALA Law’s lawyers provide expert guidance regarding Enduring Guardianship options, with the aim of ensuring that your wishes are respected.
Complex Estate Matters
Estate planning can involve intricate legal and financial considerations, especially in complex estate situations.
Beyond drafting Wills and standard estate planning, our experienced team offers a comprehensive range of legal services to help you get your affairs in order, 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 – Offer flexibility in managing assets for beneficiaries.
- Special Disability Trusts – Relate to 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 or 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 expert legal advice when considering a testamentary trust. We can guide you 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 person.
- 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 Richmond area and believe you have a legal claim, our experienced team at ALA Law is available to guide you through the legal process with care and expertise, working towards the best outcome for your situation. 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 go through the proper probate process, applying with the Supreme Court of New South Wales to legally administer the estate.
Our ALA Law team understands this can be a complex and overwhelming process to consider (especially at a time when you are grieving) – we can handle it for you. Our probate lawyers assist with preparing and filing all the necessary documents, including:
- Summons for Probate Applications
- Affidavit of Executor
- Inventory of Property
- The Will (including codicils)
- Death Certificate
Contact our experienced team today to discuss your probate or 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.
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 of legal practitioners 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.
Ready to Secure Your Future with Expert Legal Advice?
Planning today creates security for tomorrow. ALA Law works with Richmond families to build strong, tailored estate plans that protect your legacy and give you peace of mind.
Meet our Estate Planning Lawyers in Richmond
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