38 Synnot Street Werribee VIC 3030 Phone: (03) 9749 4600 After Hours: 0412 244 051 - 0406 854 222 charlesmreichman@gmail.com

Wills, Probate and Estates

We do not have walk-ins at any time but have flexible video appointments from 9 AM to 8 PM Every day of the week.

Wills

Robert Holmes a Court at the time one of the wealthiest people in Australia died without leaving a will. He had the resources of major law firms in his many business and personal matters but failed to make a will. He left the mess that his family which thankfully was resolved.

My name is Charles Reichman and I have been in practice for over 37 years. During that time I have found that many people overlook basic safeguards about their estate and leave a mess for their families. The reason appears to be that it is not a problem at the time. People are healthy and want to live for a long time and will “get around” to making a will. I started a practice focusing on these issues so that our focus can be on your personal will requirements and associated matters.

A Will as the name implies puts forward your directions as to how you would like your estate to be handled.

Things that you can provide for in a will are:

  1. Who will be the executor or trustee, that is to who is managing your affairs. This could be a friend or depending on the complexity of your estate an accountants, Solicitor or a person that has managed your financial business affairs. If you do not have a will you have no control on who is appointed as an executor trustee.
  2. Do you wish to give your assets to whether it is a specific gift or a part of your estate? It is important that these wishes are expressed properly because the law gives the right to some family members to make a claim. If you wish to provide an unequal distribution to family members or exclude certain family members it is important that those wishes are expressed in the will in a way that will address any challenges.
  3. The creation of testamentary trusts under will so that any benefits can be distributed in a way that may allow the beneficiaries to receive any government benefits and to maximise any possible tax advantages.
  4. The arrangements of your affairs so that property passes under a will to persons that you would like to have the property so that jointly held property may be structured in such a way as to be distributed to other persons and notifications made to the trustees of any superannuation funds to ensure that these assets are distributed as directed in the will.
  5. Ensure that if there are any medical issues that may cause a challenge to your capacity to make a will that appropriate evidence is obtained to avoid any future claims.

 

Administration of Estates

We make an application to the court to administer the estate and distribute the assets in accordance with the will. Being a small and dedicated practice all your matters are under my personal supervision and you are not dealing with large impersonal organisations. We aim to finalise the administration of the Estate and sell any shares or property in the shortest time possible whilst being aware of the best market position. We also aim to resolve any disputes or claims relating to the estate in a strategic and cost-effective manner.

 

Contesting Wills

We act for clients who wish to contest will on the basis that they have not been adequately provided for or the will maker did not have capacity to do the will or was unduly influenced. We recognise that this is a sensitive issue for family members and aim to resolve most cases by mediation. If we are unable to resolve cases by mediation we vigorously pursue that claim in the court process.

 

Powers Of Attorney

A power of attorney is a right given to another person to carry out acts that you are unable or unavailable to do. There are various forms of power of attorney.

  1. Specific power of attorney. This is a specific power of attorney for someone to sign documents on your behalf for example a contract of sale or purchase. This could happen when you can't attend an Auction or are overseas.
  2. General power of attorney this is a general power of attorney for someone to act in any financial matters.
  3. Enduring power of attorney this is a general power of attorney but the significant benefit of this power is that it continues if you subsequently become incapable of making financial decisions.
  4. Power of attorney medical treatment. This is a specific power of attorney to allow someone to make decisions about your medical treatment and consent to medical procedures.
  5. Power of attorney guardianship. This is a power for someone to act for you in the role of guardian when you are no longer capable of making decisions about your welfare.

Each of the powers of attorney is separate and you cannot have one power that incorporates all the various powers. It is important that you choose the right power of attorney and obtain advice as to the appropriate application of these powers.