Wills and Estates Specialties
Estate, Administration and Guardianship Matters
Solomon Brothers provides a complete estate planning service, from the provision of wills tailored to meet each individual client’s circumstances, through to advising and assisting clients seeking probate or letters of administration upon the death of a family member.
Personal Succession Planning
Succession planning is the process of documenting a client’s wishes for the distribution of their estate after their death. Solomon Brothers provides advice on all legal aspects of succession planning and prepares the documentation required to implement a client’s testamentary wishes, including:
- wills (including mutual wills and complex provisions regarding life interests) and testamentary trusts;
- deeds of variation of trust, including to effect the appointment of new trustees, guardians and appointors;
- deeds to record the exercise of a trustee’s power of appointment; and
- nominations for superannuation funds and life insurance.
In designing a personal succession plan, we work closely with financial advisers and accountants to ensure that effective strategies are put in place to address our clients’ and their beneficiaries’ future needs, and we also advise on business exit strategies.
Planning for the possibility of incapacity is important. At Solomon Brothers we can assist our clients to put in place Enduring Powers of Attorney, Enduring Powers of Guardianship and Advance Health Directives. In the event of a dispute regarding guardianship and administration, we advise and represent clients in proceedings before the State Administrative Tribunal.
Structures During Lifetime
Solomon Brothers provides services relating to the establishment of all types of trusts and other structures designed to distribute wealth across multiple generations, or to benefit charities, including disability trusts and charitable trusts.
Business Succession Planning
Our experience in succession planning also incorporates corporations, partnerships and trustees of all types. Our advice and implemented strategies are designed to ensure the continuity and development of businesses into the future. We also assist in resolving disputes which arise after the death or incapacity of a founder.
Our team is experienced in drafting and preparing agreements to govern the control and succession of various business structures, including shareholders’ agreements, buy-sell agreements, put-call option deeds, and cascading guardianship and attorney trust provisions.
Non-Contentious Estate Applications
When it comes to estate applications, we have substantial experience in the preparation of all types of applications required to obtain a grant of representation, including:
- grants of probate;
- grants of letters of administration (with or without a Will); and
- obtaining reseal of a foreign grant.
We advise clients who are obtaining grants of representation in foreign jurisdictions, and act for international clients seeking grants of representation in Western Australia. This can include advice on conflict of laws between different jurisdictions and applying for indemnity bonds to enable the transfer of property without the need to obtain a reseal of a foreign grant.
Contentious Estate Applications
Solomon Brothers has significant experience in representing clients in contentious proceedings in the Supreme Court, including:
- contested applications for the grant of probate or other representation of estates; and
- inheritance claims under the Family Provision Act 1972.
Such clients include executors, administrators, beneficiaries, and claimants seeking provision (or further provision) out of an estate.
Administration of Estates
Navigating the administration of a deceased’s estate can be complex and difficult. Our in-depth understanding of all of the stages allows us to effectively assist clients to navigate the process. We advise on the construction of Wills, the duties and obligations of the legal representative of a deceased’s estate, and the sale and collection of assets (and discharge of liabilities). We can also assist with all consequential property transactions such as sale contracts, transmission applications, survivorship applications, or complex settlements, and applications to obtain superannuation benefits for dependents or the estate.
Get in touch with our Wills and Estates Team
Partner Commercial / Litigation