By Eliza Walker – Associate
Whenever you engage a lawyer, the first step is to provide them with instructions about what you would like to achieve. You may need to provide further, and more specific, instructions in relation to each step of the matter as it progresses.
Your Instructions
The more detailed instructions you can provide in your initial consultation with your lawyer, the better. Providing documents or information to your lawyers in a piecemeal way can lead to delays and increased costs.
We therefore recommend turning your mind to the following matters any time you are preparing for an initial consultation with your wills and estates lawyer.
Who’s who
For estate planning matters:
- Who are the executors and beneficiaries?
- Do you intend to leave anyone out of the Will? If so, why?
For litigation matters:
- Who are the executors and beneficiaries? Who are the claimants (including potential claimants)?
- Who were the deceased’s legal and financial advisors?
- Did the deceased have an attorney?
You may have multiple roles in relation to an estate. For example, you may be an executor, a beneficiary and a potential claimant, all at the same time. It is important to be clear with your lawyer about which of these roles you seek advice.
Assets and liabilities
It is helpful to provide not just a description of the estate’s assets or liabilities, but additional details as well.
For example:
- for any properties owned, the full address;
- for any bank accounts or shares held, any relevant account numbers. For litigation or administration matters, the amount you estimate is held in those accounts would also be helpful;
- for any specific gifts of, say, furniture or jewellery, a detailed description of the gift;
- for any assets located overseas, the country in which they are located; and
- for any loan amounts owed, the full name and contact details of the debtor.
It is not always necessary for a will to fully describe every asset that forms part of the estate. However, it is always helpful to keep a record of this information, as this will make it easier for your lawyer and your executor to understand your wishes.
Documents
It is okay if you do not have all of the relevant documents before instructing your lawyer. We can assist you in obtaining documents, either by making requests on your behalf, or by providing you with advice as to how you can make these requests directly.
With that in mind, the documents that you should try to collate ahead of an initial consultation are:
- the most recent will, and any previous wills;
- title searches in relation to any estate property;
- any enduring power of attorney; and
- if applicable, the death certificate.
Other documents may be relevant depending on your specific circumstances, such as written correspondence sent or received by the deceased, medical reports and letter, diaries, and court orders.
To assist our clients in providing all of the relevant information, we have created an Online Questionnaire tool. We recommend using this tool to ensure that you get the most out of your first meeting with us.
Please contact a member of the de Groots team to discuss how we can best assist you – 1300 408 766
Brisbane: (07) 3221 9744
Sydney: (02) 9101 7000
Melbourne: (03) 9975 7321
Get started with one of our experienced estate planning lawyers
For practitioners: More on Wills Probate and Administration Practice (Qld)/Wills Probate and Administration Practice (NSW)
