Experienced Chinese lawyers protect your legacy 

We recognise the significance of ensuring that your wishes are respected and upheld after your passing. Whether you are establishing a will, handling probate, or navigating a challenging estate, our team of knowledgeable will and probate lawyers are here to attentively listen to your concerns with empathy and offer professional advice to help secure the most favourable outcome for you.

Whether you are starting to plan your estate or you need to update an existing will, our Will and Probate lawyers are here to help.

Our experienced probate lawyers provide the following services and advice: 

  • preparing and finalising a will that reflects your wishes and helps you plan for the distribution of your assets;
  • updating an existing will as needed to reflect changes in your personal circumstances or wishes;
  • naming a guardian for minor children in the event of the death of both parents;
  • obtaining a grant of probate and administering the estate of a deceased person; and
  • contesting an estate or defending an estate in a legal dispute, such as a will challenge.

If you experienced any of the following situations, speak to our Will and Probate Lawyers and find out how to protect your interests.

  • You have assets that you would like to distribute after your death.
  • You wish to review a will because a significant life event occurs.
  • You have not nominated an executor to manage the distribution of your assets after your death.
  • You have a complex estate involving multiple assets and beneficiaries. 
  • You recently experienced the death of a loved one and need assistance with the probate process.
  • You believe a will is invalid or that your interests have been unfairly disregarded.

Frequently asked questions

What assets can be included in a will?

The following assets can typically be included in a will:

  • real estate;
  • bank accounts;
  • investment accounts;
  • personal possessions;
  • life insurance;
  • business shares; and
  • digital assets.

Get in touch with us to find out how to ensure that all of your assets are accounted for and distributed according to your wishes.

How often should I review my will?

In general, we recommend reviewing your will every three to five years or when significant life events occur, such as marriage or divorce, birth or adoption of children, the passing of a spouse, executor, or beneficiary, acquisition or sale of significant assets, changes in tax laws, relocation to a new state, or experiencing incapacity or disability.

Contact us if you intend to update your existing will or need to discuss how to update your will.

Will my spouse automatically inherit everything?

This is not always the case. In some circumstances, a will is necessary to ensure that assets are distributed according to your wishes. Indeed, if your will is not updated to reflect changes in your assets, some assets may not be distributed according to your wishes.

Contact us if you wish to discuss how to update your existing will.

What is the probate administration process for a will in Australia?

The probate administration process for a will in Australia involves submitting an application to the Supreme Court of the relevant state or territory. This involves proving the validity of the will, appointing an executor, and distributing the assets in accordance with the will’s instructions. 

If you wish to ensure a smooth and efficient estate distribution process, we recommend contacting us immediately. Our team of lawyers has extensive experience and expertise to guide you through every step of the probate process, ensuring that your wishes are respected and legally executed.

How are the local or overseas assets of someone who dies without a will distributed?

If someone dies without a will, the distribution of their assets will be determined by the intestacy laws of the jurisdiction where they were domiciled at the time of their death. In Australia, each state and territory has its own intestacy laws that specify the order in which relatives are entitled to inherit the deceased person’s assets. If the deceased had assets overseas, the distribution of those assets will also be determined by the laws of the country where the assets are located. 

It is important to seek legal advice from us to ensure that the distribution of overseas assets is properly coordinated with the distribution of local assets.

How long does the probate process?

The probate process is the legal process of distributing an estate after someone has passed away. The length of the probate process varies and can take anywhere from several months to several years, depending on the size and complexity of the estate.

Contact us to find out how to ensure a smooth and efficient distribution of the estate in your matter. 

How much does it cost to have a lawyer draft, review or amend a commercial contract?

The cost of preparing a will or administrating an estate in Australia can vary depending on the complexity of the assets. In order to get a specific quote, it would be best to contact us directly. Our lawyers can assess your specific needs and provide you with a fixed-fee quote.

This FAQ content is general in nature and not intended as legal advice. For specific legal advice regarding your situation, we strongly advise you to consult a lawyer. 

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Need help with preparing a will or administrating an estate? Speak to our Chinese lawyers in Melbourne today.

At Canaan Lawyers, we are committed to achieving your desired outcome and enabling you to succeed. If you need help with preparing a will or administrating an estate, our team of experienced lawyers is here to help. Contact us today to schedule a consultation with one of our experienced lawyers.

At Canaan Lawyers, we pride ourselves in our ability to provide premium law services in a variety of different areas, including criminal law, commercial law and litigation. If you have any questions or would like to arrange an appointment with one of our Chinese lawyers in Melbourne, get in touch with our team today. Our Melbourne based office can be reached on 03 9620 0888. Alternatively, you can send an email to info@canaanlawyers.com.au or fill out our online enquiry form and we’ll get back to you as soon as possible.