Wills Probate and Deceased Estates

Kott Gunning has a large and active practice in all areas of Wills, Probate and deceased estates. We have extensive experience in the field of Wills preparation.

We regularly receive instructions to prepare Wills from trustee companies, service organisations, financial planners and the general public. These instructions range from simple bequests to creating involved testamentary trusts. We have also had a great deal of experience in dealing with applications for Grants of Probate of Wills, Grants of Letters of Administration and resealing of International Grants of Probate. With the introduction of Part X of the Wills Act it is now possible to have informal Wills (Wills which do not comply with all of the formal requirements set out in the Wills Act) to be admitted to Probate.

Our firm has been involved in a number of these applications. We are also able to provide assistance to executors and administrators to enable them to properly deal with all aspects of the administration and finalisation of deceased estates. The Inheritance (Family and Dependents Provision) Act provides that certain persons are entitled to challenge the provisions of a Will of a deceased person if they have not been adequately provided for.

We have extensive experience in this area of law and have been involved in numerous successful challenges made by adult children, widows, widowers and defacto partners. An area of increasing work to us is in providing advice to our clients and their professional advisers in how to structure their affairs in a way which obtains a beneficial taxation treatment and which achieves their long term strategic objectives. This can involve such things as the establishment of Testamentary Trusts, Discretionary Trusts and self managed Superannuation Funds.