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Due to changes in the law Will Disputes are becoming more common. Typically, you are an executor or beneficiary defending a Will or an eligible person contesting a Will. Whatever your circumstances, due to the complexity of the law in this area, it is advisable to seek expert legal advice. Heckenberg Lawyers specialise in Will Disputes. Find out how we manage to keep legal costs to a minimum while achieving the best outcome for our clients.
Defending a Will
Will Dispute Lawyers
Contesting a Will
Will Dispute Costs
Family Provision Claim
Learn what Probate is, when it's required, how long it takes and how the process works. Seeking the assistance of a specialist Probate Lawyer will help you navigate the process more efficiently. Probate fees are regulated and we only charge in accordance with the scaled fees for obtaining the Grant of Probate.
Grant of Probate
Property and Conveyancing
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Estate Planning and Wills
Estate Planning and Wills
The laws around Wills and Estates have changed and people are disputing Wills more frequently. Obtaining the advice of an experienced Wills and Estate Planning lawyer will provide you the legal framework that ensures your estate is passed to your beneficiaries in the way you want. It will also help avoid potential disputes and can transfer wealth between generations in a financially efficient and tax effective way.
Making a Will
Power of Attorney
Will and Estate Lawyers
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What are Chattels
July 1, 2018
What are Chattels and why is it important for the value to be known for the sake of the beneficiaries? Chattels are commonly defined as "moveable property". In terms of a deceased estate ‘chattels’ will include the personal property of…
Revoking a Grant of Probate
June 1, 2018
When a Grant of Probate is obtained the court expects the person appointed as Executor to administer the estate properly. This means that there are certain responsibilities and duties one must fulfil if one is appointed Executor. These duties include:…
Deceased Gives Cheque That Gets Cashed After Death
May 1, 2018
In a recent case regarding a disputed estate, an issue arose as to whether a cheque not cashed before the deceased’s death should be regarded as a gift or whether the money was to be returned to the deceased estate.…
Disputes Between Executors
April 1, 2018
Disagreements between Executors can have an immensely negative impact on the administration of a deceased Estate, from slowing down the distribution of the Estate to the beneficiaries named in the Will, to increasing legal costs and time-consuming, expensive court proceedings…
Deed of Variation
March 1, 2018
A Deed of Variation is a legal document that changes the terms of a person’s Will after their death. Why would you need a Deed of Variation? There are several reasons why the beneficiaries to a Will may wish to…
What is Inheritance Tax? Who pays and How Much?
February 1, 2018
Inheritance Tax Refers to the range of taxes that may be payable by a person who receives a benefit under a Will (referred to as a ‘beneficiary’). In the past Inheritance Tax usually referred to the payment of ‘death duties’…
Stopping Probate using a Caveat in a Will Claim
January 1, 2018
A common issue that can arise in a Will claim is the danger that the Court may issue a Grant of Probate of a deceased’s Will, which allows the Executor to start distributing the assets to the beneficiaries listed in…
December 1, 2017
What happens with an insolvent estate when the value of the liabilities exceed the value of the assets? If you are a beneficiary under a Will where the liabilities of the deceased are more than the assets of the deceased…
What the Term “issue” Means When Used in a Will
November 1, 2017
Wills can often include the following clause: “To Divide the Residue of my Estate in Equal shares per capita between all such ISSUE of my Parent” When used in a Will in this context, the term "issue" refers to the…
Who Pays The Taxes?
October 1, 2017
Jo Bjelke-Petersen is famous for many things, but today we tend to forget that he brought about the end of death or estate duties in Australia. In the seventies, the states had death duties, calculated on the value of a…