Estate Planning & Deceased Estates

Planning for the future and managing the affairs of a loved one after their passing can be complex and emotional. At KD & CO Lawyers, we provide comprehensive estate planning services, including the preparation of wills, enduring powers of attorney, and advanced care directives, ensuring your wishes are clear and legally enforceable.

For deceased estates, we assist with obtaining Probate, Letters of Administration, and handling estate disputes with sensitivity and expertise.

Whether you’re planning for the future or managing a loved one’s estate, our tailored approach offers clarity and support every step of the way.

Estate Planning

A well-drafted Will allows you to determine who will inherit your assets, appoint guardians for your dependents, and provide for the care of your pets. It also enables you to nominate an Executor responsible for carrying out your wishes. At KD & CO Lawyers, we offer tailored estate planning solutions to ensure your intentions are clear and legally enforceable.

Estate planning often includes the preparation of the following essential documents:

Last Will and Testament
Power of Attorney
Advance Care Directive

Having these documents in place ensures your loved ones are provided for and helps prevent potential disputes or litigation. Without a valid Will, your wishes may go unknown, leaving your family to navigate the complex and costly process of administering an intestate estate.

Equally important are Powers of Attorney and Advance Care Directives. These documents grant trusted individuals the authority to make decisions on your behalf if you lose the capacity to do so. Without them, your loved ones may face the expense and delay of applying to SACAT to act on your behalf. Proactively creating these documents is a simple and cost-effective way to protect your interests and ease the burden on your family.

With KD & CO Lawyers, you can feel confident that your estate planning documents will be expertly prepared to meet your needs and provide peace of mind for the future.

Deceased Estates

Managing the affairs of a loved one after their passing can be an overwhelming and emotional process. At KD & CO Lawyers, we are here to provide compassionate and professional support every step of the way.

We have extensive experience assisting executors, administrators, family members, and other parties with all aspects of deceased estates, including:

Obtaining Probate
Administering estates
Resolving estate disputes
Preparing Deeds of Family Arrangement

Whether you need guidance through the legal process or representation in resolving disputes, we are committed to delivering clear advice and practical solutions.

What if there is no Will?

When someone dies without a Will, they are said to die "intestate." In such cases, the Administration and Probate Act determines who can administer the estate and how it will be distributed.

The process involves applying to the Supreme Court of South Australia for Letters of Administration. Once the Court is satisfied with the application, it will issue the Letters of Administration, allowing the estate to be distributed in accordance with the provisions of the Act.

In situations where a person has a Will but has not effectively appointed an executor, we can assist by preparing applications for Letters of Administration with the Will Annexed.

At KD & CO Lawyers, we provide expert guidance through these complex processes, ensuring the administration of the estate is handled efficiently and in compliance with legal requirements.

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What Is Probate and Is It Necessary?

Probate is a legal document issued by the Supreme Court of South Australia, confirming that a Will has been "proved" and is valid. This document allows executors to administer the estate and deal with assets as directed by the Will.

Probate is often required by institutions or authorities, such as when selling property or accessing significant funds from bank accounts. However, not all estates require probate. Assets held in joint names or in trust do not form part of the deceased’s estate, and for estates with minimal assets of value, probate may not be necessary.

Seeking legal advice is the best way to determine whether probate is required for your loved one’s estate. At KD & CO Lawyers, we provide clear guidance to help you navigate this process with confidence.