Will Lawyers Melbourne

Giving you and your family peace-of-mind

It’s best to be prepared – speak to our Will lawyers

Half* of all Australians don’t have a Will – don’t be one of them

It’s never too late to change this.

We get it, writing a Will is tough. It involves hard choices, all sorts of legal considerations, and confronting the fact your time on Earth is limited. No wonder you haven’t gotten around to it yet.

Writing a Will is about more than just stating what you want to happen to your property when you’re gone – it’s also about providing comfort during what is one of the most stressful periods your family can go through.

More importantly, it’s about ensuring that your wishes are respected.

Our mission at Danaher Moulton is to make the process of writing and changing your Will as easy as possible – all it takes is 2 hours of your time.

Combining a specialisation in creating Wills with a “user-friendly” approach. What you want comes first, no matter what it is.

* Source

Dennis Danaher Our wills Lawyer

The importance of your Will

Without a Will, it falls to the state to distribute your assets, wealth and money in accordance with Victorian law

If that happens, can you ensure that everything you’ve worked so hard to achieve is going to be distributed the way you want?

It’s your money, your property, and your wealth – you should have the final say on what happens to it.

That’s exactly what your Will allows you to do.

Most people don’t like dealing with paperwork, and fewer yet like thinking about death.
Writing a Will brings both of these things together – little wonder it’s so low on so many people’s priority lists.

However, you could leave your family in a tight spot without one!

Divide your estate the way that you want

As we mentioned above, your property will be divided in accordance with Victorian inheritance laws absent a Will.

And as we all know, legislation doesn’t always reflect your reality.

Only you and your family know your family’s unique dynamic and each others’ financial circumstances. Ensure your estate is divided in a way that accounts for both of these factors by enshrining it in your Will.

Provide security

Dying without a Will sets into motion a long chain of events as your case works its way through the bureaucracy.

This can lead to months in limbo, with your family having to make do without financial security. Do you really want this to happen to your family after you pass away?

Will puts money in your family’s pockets sooner, giving them financial security during a stressful time.

Set conditions

There’s no law saying that your assets and wealth need to be divided evenly, or immediately. If you want to make an inheritance dependent on specific conditions, you can… provided that you include it in your Will.

At Danaher Moulton, our mission is to ensure your wishes are carried out. Our practical approach towards Wills ensures that your Will actually reflects what you want.

Ensure your affairs are carried out to the letter

Just as important as your Will? Choosing some to execute it – that’s to say, someone to oversee the division of your assets and ensure that your wishes are carried out.

At Danaher Moulton, each Will we create is preceded by an in-depth discussion about your what you want to achieve, your family dynamic, and your wishes.

This also allows us to ensure that your Will is carried out if you need an unbiased executor who truly understands what you want.

Will dispute lawyers Melbourne

Breaking the deadlock that can arise with a contested Will

While it’s fun to read about in novels or watch on the screen, unfortunately, contested Wills are a common outcome in real life as well.

Your family is under enough stress already – the last thing you want to add to the pile is a Will dispute.

In cases of contested Wills, the right legal solutions can mean the difference between a quick and relatively painless resolution for your relatives, and a long, costly and drawn-out legal battle.

It isn’t just a good idea to ask our Will lawyers in Melbourne to execute your Will – it’s also a good idea to retain them afterwards in the event of a Will dispute.

The Unchallengeable Will – can it be done?

At Danaher Legal we spend a lot of time advising clients in relation to making a claim against a person’s Estate, or protecting people from claims made against their Estate

Will and estate-related disputes can cause major discontent and drama within your family. Little wonder that many of our clients ask us if it’s fact or fiction that you can make your Will unchallengeable.

In short, the answer is “yes!”

More specifically, it is possible to make your Will unchallengeable – however, specialist legal advice and expertise is needed. Fortunately, it’s something we here at Danaher Legal can provide you with.

Whilst you as a Willmaker have the right to make a Will as you like, this is subject to the Administration and Probate Act. Section 91 of this Act outlines your obligation to provide for the maintenance and support of those closest to you.

If you don’t do this, then those persons can challenge your Will.

Having been involved in many estate challenge matters, it’s our experience that the cost of a challenge to a Will can be substantial. Worse, the general rule is that the Estate bears the cost – your Estate can soon be eaten up in legal fees, leaving nothing for your family.

The alternative to the above is to have an Unchallengeable Will – or at least have an estate plan where the extent of any claims can be limited, and where the persons you want to get your Estate take it.

Depending on your circumstances there are many options available – some relatively easy to implement and others that require a comprehensive legal strategy. Whatever you need, take our word for it when we can say that it’s much preferable to the litigation costs involved if the Will is challenged.

What would you rather, paying $3,000 (the fee depends on the strategy) to implement an Unchallengeable Will, or have your Estate pay $30,000 – $50,000 in legal fees (starting fees) over a drawn-out, stressful process that could tear your family apart?

We know which one we’d prefer!

Clients often come to our office seeking our advice that they’ve solicited, purporting to protect their Estate from a challenge. Some of the more interesting (and common) ones we’ve heard are:

  • If I leave a person $1 under my Will, they can’t make a claim since they’ve been left something
  • If I create testamentary trusts under my Will, my Will is unchallengeable
  • If I include a clause in my Will as to why I have left someone out, my Will is unchallengeable
  • If I include a clause in my Will that a person’s share is invalid if they challenge, this will protect my Estate

These are some of the most common ones our will lawyers in Melbourne hear. And all of them are FALSE.

The problem with each of the above options is that the assets are already in and form part of the Estate. As such they are governed by the Will, and therefore can be challenged.

While these methods may not prevent a challenge, there are ways to protect your estate, which Danaher Moulton can incorporate into your estate planning strategy.

The key to any strategy to make a Will unchallengeable is to prevent the assets going into your Estate in the first place.

This requires specialist knowledge on the laws relating to Wills and challenges, taxation, superannuation, life insurance and business agreements. Moreover, it also requires an evaluation of your family circumstances in order to determine which of these strategies best suits your affairs.

Danaher Legal has the knowledge and understanding to protect your family wealth, as well as the practical attitude needed to put it into action.

If you want to make an Unchallengeable Will, the first step is to make an appointment to see Danaher Legal’s Will and Estate Planning lawyers.

Before doing that however, we recommend going to our website, downloading our Questionnaire and completing it as best you can. Essentially, this tells us everything we need to know about you, including what you want to achieve with your Will.

And that’s all you’ll have to do – leave it to us here at Danaher Legal to work out a strategy that works for you and which is within your budget. You can trust us to come up with something that protects your family wealth and ensures that your Estate goes where you want it to.

Danaher Moulton Private Lawyers
Probate Lawyers Melbourne

Our Will lawyers in Hawthorn will see your wishes carried out

Writing and executing a Will is more than just a job to us – it’s an important responsibility that we carry out with the utmost care

Most people’s Wills aren’t very complicated. After all, the majority of people don’t have thousands of dollars in the stock market, multiple properties or a business of their own.

These ‘simple Wills’ as they’re called are relatively low-cost, one-off affairs.

Of course, that doesn’t mean that you can afford to cut corners.

When it comes to your Will, the bottom line – that is to say, how much we’ll earn from taking on your case – doesn’t come into the picture at all. We believe that type of attitude is just too risky – how can you really be sure that your wishes are going to be respected?

At Danaher Moulton, it’s people first, always.

It isn’t just you, either – our lawyers in Hawthorn will keep your family in mind when helping draft your Will.

7 steps to achieving
your goals

Engaging a lawyer doesn’t have to be a long-winded process

We understand each deceased estate family are different. That is why one size does not fit all. Our deceased estate lawyers work with you to find solutions for you and tailor their advice to your specific circumstances.

Get the result you want today

Dennis and the team at Danaher Moulton have been my trusted legal advisors for several years now – their accessibility, approachability and practical advice has been welcomed by me personally and the many clients whom I have referred. Dennis is always prepared to go ‘above and beyond’ and has a unique ability to simplify what can sometimes be quite a daunting process.

Daniel Bradd, Partner - Kay & Burton Hawthorn

Danaher Moulton are the ideal partner for SME businesses providing a comprehensive range of services that every business owner needs.

All delivered with a refreshingly friendly and down-to-earth approach.

Darren Bourke, Director – Business Influence Pty Ltd
Dealing with Dennis and the team at Danaher Moulton is always a pleasure.

They are honest, knowledgeable and efficient. I have had personal dealings as well as referred many clients through the conveyancing team and my clients have only ever had great experiences. I couldn’t recommend Danaher Moulton more highly.

Brett Moyle Managing, Director – Home Loan Saint

Work with a team of Hawthorn lawyers who care

Dennis Danaher
Director & Founder
1300 363 314 - dennis@danahermoulton.com.au
Stephen Moulton
Chairman
1300 363 314 - stephen@danahermoulton.com.au
Peter Saunders
Director & Principal
1300 363 314 - peter.saunders@danahermoulton.com.au
Simon Young
Associate Director
1300 363 314 - simon@danahermoulton.com.au
Charles Ah Lan
Senior Associate
1300 363 314 - charles@danahermoulton.com.au
Fleur Dillon
Senior Associate
1300 363 314 - fleur@danahermoulton.com.au
Elizabeth Linedale
Special Counsel
1300 363 314 - elizabeth@danahermoulton.com.au
Joanne Jenkins
Senior Associate
1300 363 314 - joanne@danahermoulton.com.au
Lauren Hadolt
Senior Associate
1300 363 314
Peter Moore
Senior Lawyer
1300 363 314 - peter@danahermoulton.com.au
Lee Patouras
Lawyer
1300 363 314 - lee@danahermoulton.com.au
Ned Puddy
Lawyer
1300 363 314 - ned@danahermoulton.com.au
Naomi McClellan
Lawyer
1300 363 314 - naomi@danahermoulton.com.au
Marcia Vlahovic
Special Counsel
1300 363 314 - marcia@danahermoulton.com.au
Andrew Ryan
Consultant
1300 363 314 - andrew@danahermoulton.com.au

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