Estates & Planning

Challenging Wills

Have you been left out of a will? The dedicated and passionate team of lawyers at Hazan Hollander can help. It is important that you contact them urgently as there are short time frames in which a claims to contest wills can be made.

Hazan Hollander is a firm of experienced lawyers who will take care to answer all concerns you may have and are committed to achieving the best outcome for you. Your interests will be their number one priority.

The law provides for eligible persons to make an application to the Court for a family provision order if they believe that insufficient provision has been made in the will of a deceased person. The application must be made within 12 months of the death of the deceased person.

The first consideration is whether or not you are an eligible person. Please contact us to arrange an appointment to discuss these matter and the strategies that can be implemented to assist in achieving your desired outcome.

We understand that contesting a will can be an emotional and stressful time – we are here to guide you through the process and will minimise your stress. We take pride in our work and look forward to discussing your situation with you.

Estate Planning

Hazan Hollander provides legal services, including acting as Executor of Estate, to assist clients to achiever the best outcome to family members in estate planning and handling the affairs of a deceased person.

Hazan Hollander, with its relatively young and specialised staff, is ideally suited to this important role. We work sensitively, and in the most professional way to prepare and finalise estate law issues, ensuring that clients are treated with respect during this sometimes challenging process.

Wills are often disputed for very sound reasons related to the fairness in the division of an estate. Hazan Hollander can assist you to contest a will, for example in the case of mental capacity or undue influence. Sometimes executors of estates may require legal assistance in handling a contested will and we can also assist in that situation

Hazan Hollander will work with you on probate, wills and estate and any ensuing litigation, advising on the most practical way to resolve the issues. Some issues that arise may include:

  • Breaches of Trust Claims
  • Family Maintenance Claims
  • Guardianship Issues
  • Mental Capacity Challenges for Recently Drawn up Wills
  • Powers of Attorney
  • Undue Influence Claims

Hazan Hollander assists clients in the preparing of wills, so that clients estates are properly willed according to their wishes. It is important to prepare a valid will to prevent the estate being distributed on a default fixed formula basis.

General Estate Law Information

Estate Law in Australia is a covered by the state or territory in where the deceased person lived at the time of their death. Executors or administrators of estates are responsible for managing the enactment of the deceased persons' tax affairs, will, inheritance law compliance (in the case of there being no will). Hazan Hollander can assist you to establish these arrangements, so that in the event of a death, the estate will be finalized in a clearly defined and agreeable manner.

There are currently no death duties in Australia, although the Income Tax Assessment may tax some monies in relation to a death. The estate of the deceased is held in trust until transfer to beneficiaries, and the executor of the estate administers it in the interests of beneficiaries. The executor finalises the deceased person's personal affairs, and this may include:

  • Administration with Banks etc Holding Funds
  • Asset Inventory
  • Asset Transfer and Stamp Duty Payments
  • Dealing with Jointly Owned Assets and Tenancies
  • Distribution of Remaining Assets to Beneficiaries.
  • Finalising any Outstanding Payments
  • Finding the most recent and Valid Will
  • Funeral Arrangement
  • Informing relevant Government Departments
  • Probate Application
  • Securing the Death Certificate
  • Superannuation & Life Insurance Issues