OUR SERVICES

• Contested Wills, Disputed Wills, Challenged Wills & Testator Family Maintenance (TFM Claims)
• Probate
• Powers of Attorney
• Property Law including Conveyancing

CONTESTED WILLS, DISPUTED WILLS, CHALLENGED WILLS & TESTATOR FAMILY MAINTENANCE (TFM CLAIMS) Contested estate claims and other estate disputes or challenges may arise between family members and other potential beneficiaries after a person dies. • LEAVING YOUR ASSETS - A person can make a Will leaving his or her assets to whomsoever the Will maker pleases. • OMITTING A PERSON - If a person chooses to leave out a spouse or children from their Will, the principles of testamentary freedom dictate that the person can do this. HOWEVER: • ADEQUATE PROVISION - The legislature, as a matter of social policy, regards it as right and proper that a person, in making a Will, should make adequate provision for the maintenance and support of those persons closest to or dependant on him or her. • "MORAL OBILIGATION reflects a duty resting on a Will maker to make not merely adequate or sufficient financial provision for members of his or her family, but also the obligation to measure the adequacy or sufficiency by reference to what is right and proper according to accepted community standards." • PART IV CLAIMS - There is legislation that allows a Court to sometimes make alterations to a person's Will. The legislation is found in Part IV of the Administration and Probate Act 1958. These types of claims are known as "Part IV claims". There may be relatives, de facto spouses and their children who are left without adequate financial provision and who can make a claim against the estate We act for parties who may be contesting a Will or fighting a contested Will. We have the experience to challenge or defend all estate dispute claims.   PROBATE   PROBATE   When a person dies with a Will, an application to the Supreme Court is made for a Grant of Probate.   Once the Grant is approved, a number of legal steps need to be taken:- Cash out bank accounts and Superannuation policies Transfer or sell property, shares and other assets Chase claims and receive compensation on behalf of the deceased. Pay the deceased's liabilities including liasing with the Accountant to organise a final tax return. Potential Beneficiaries need to be informed of the estate and their approval must be sought before any assets can be distributed.  ADMINISTRATION   When a person dies without leaving a Will an Administrator is appointed and makes application to the Supreme Court.  This then allows the Administrator to gain access to the assets, collect them and then distribute them according to Statute.   All estates are subject to claims by potential beneficiaries not named in a Will or not included in an Administration.  These Contested Will claims are known as Testator Family Maintenance Claims.   Whether you are applying as Executor for Probate, or as Administrator for Letter of Administration we are able to assist you through the entire process from initial advice, to fully distributing the estate.   RESEAL OF AN INTERSTATE OR FOREIGN GRANT OF PROBATE OR ADMINISTRATION   There are instances where a deceased person may not have been a resident of Victoria, Australia, but may have owned assets in the State of Victoria.   A reseal of the Grant of Probate or Administration application may be required by the Supreme Court of Victoria in order for the Executor, Administrator or their Lawyer / Attorney to gain control of the assets.   A reseal of the Grant of Probate can be dealt with as soon as the original grant of probate is obtained in the country of origin.   We are able to apply for a reseal of a Foreign Grant of Probate from any originating country (or state in Australia outside Victoria).   ASSETS Assets held in Australia may include but are not limited to:-   - Property - Shares - Life Insurance and Superannuation Policies - Funds held in accounts with banks and other financial institutions - Non transportable property assets such as motor vehicles, boats and caravans etc - Entitlements of other forms to intellectual property such as the transfer and sale of a licence, lease holding, caveat, mortgage, trademark, patent, copyright contract etc.   LIABILITIES   There may also be a need to discharge a liability in Australia. Funds may be electronically transmitted to our Trust Account in readiness for us to arrange for the discharge of any mortgages or other liabilities held against the deceased.   We act regularly for foreign law firms to assist them to complete the application process, to sell and collect the assets in Australia, and remit the funds to the foreign law firm's trust account for completion of their distribution.   Jack Cyngler is a member of:-    - STEP, the international Society of Trust and Estate Practitioners  - The Law Council of Australia  - The Law Institute of Victoria (Accredited Specialist)   Jack Cyngler has over 25 years experience in Probate and Administration Law. Jack is also a competent litigator, and can assist if your matter involves a dispute such as a Testator Family Maintenance (TFM) Claim.   Please do not hesitate to speak with Jack directly on +613 9523 8811 or email him on ckl@ckllaw.com.au.  He will be able to discuss costs, timeframe and method of transmitting funds to you or your Lawyers' trust account before proceeding with the Application.   POWERS OF ATTORNEY NEW POWERS OF ATTORNEY If you require someone else to act on your behalf you may want to have a Power of Attorney. There are many types of Powers of Attorney for varying circumstances:- Enduring Power of Attorney Medical Power of Attorney Financial Power of Attorney Limited Powers of Attorney Each Power of Attorney is used under different circumstances.  You may, for example, want someone else to bid at Auction on a house on your behalf. In this circumstance you would require a Limited Power of Attorney that expires after the action has occurred. We can advise you on the best type of Power of Attorney for your situation. OLD POWERS OF ATTORNEY If you have an old Power of Attorney that has not expired, it may need to be reviewed or revoked. Never leave a Power of Attorney in force if it is not needed.  We can prepare the necessary Revocation of Power of Attorney.   PROPERTY LAW INCLUDING CONVEYANCING We are experienced in all areas of Property Law including :- Purchase of  Property & Sale of  Property Purchase of Business & Sale of Business Town Planning issues & Town Planning Disputes Building Contracts & Building Disputes Non-sale transfers between related entities Executive interstate transfers Subdivision & consolidation of land Removal of easements & covenants Adverse possession disputes  Tree damage disputes with neighbours and Councils Please contact our office if you require finance. Call our experienced Property Lawyers to discuss your matter or email: ckl@ckllaw.com.au