Wills, Powers of Attorney and Estate Administration

PWB Lawyers recommend seeking the advice of an experienced solicitor in any matters that relate to estate and succession planning or estate administration.  We understand that such matters are both sensitive and specific to the personal circumstances of each client.  We work with you and to achieve your particular goals or meet your particular needs quickly and efficiently.

Probate - We can help you apply to the Supreme Court of TAS for Probate in instances where there is a valid Will and you have been nominated as Executor of that Will. The Supreme Court can then grant probate which authorises you to distribute the deceased estate in accordance with the provisions of the Will.

Letters of Administration - In the some-what complicated event that a valid Will has not been left, we can assist you with applying for Letters of Administration to the Supreme Court of Tasmania. In these circumstances, there is legislation that details how an estate may be distributed and by whom. The Supreme Court can appoint an Administrator to distribute the estate.

Claims Against Estates - If you expected to be a beneficiary of a Will but have not been provided for, you may be able to make a claim against the distribution of any estate, provided you can clearly set out reasons as to why you should be considered a beneficiary of the deceased estate.

Retirement Living Accommodation - We always recommend that you seek the advice of an experienced solicitor whilst reviewing alternative retirement villages and certainly prior to signing any documents regarding occupation. We can also assist you with interpreting the Retirement Villages Act 1999 and can provide you with a full understanding of your legal position.

There are several ways for people to own or occupy premises in a retirement village. People often occupy retirement villages under long-term leases, under license or through Strata Title Ownership.

Under a long-term lease, the occupier is entitled to live in the property for a period of time pursuant to the lease (commonly 99 years). The property developer maintains ownership of the property but the occupier can transfer the lease. Beyond the lease agreement, a ‘service agreement’ sets out the terms and conditions regarding the services provided. Long-term leases usually call for a trustee company to be appointed to take care of the financial aspects whilst a manager is appointed for day-to-day village management.

Under a license, the property developer again maintains ownership of the property but the occupier provides a long-term loan or donation in return for the right to occupy the property. This is normally a more cost-effective approach, as the cost of entry is substantially lower. The downside to this approach is forgoing the benefit of capital gains the property attracts as the market matures.

Strata Title Ownership is the most secure form of occupation with the added benefit of body corporate membership, granting certain rights to contribute to the management of the retirement village. The downside to this approach is a higher cost of entry due to stamp duty on the purchase; however, the advantage is accruing capital gains on the property as the market further matures.

The Commonwealth Government’s Aged Care Act governs the operation of Nursing Homes which are managed differently from Retirement Village Units.

Wills and Powers of Attorney - We always recommend keeping your estate planning documents up to date as it makes distributing your estate far easier on your beneficiaries in what is already a stressful and difficult time.

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