TRELOAR & TRELOAR

Areas of Law

Although Treloar & Treloar specialises in the area of Wills and Estates, the variety of work and the areas of expertise within that general field are immense.  

Treloar & Treloar has expertise in the following areas of Will and Estate law:

Estate Planning:

• The preparation of Wills, both simple and complex
• The formation of Trusts including family and charitable
• The preparation of Enduring Powers of Attorney
• The preparation of Enduring Powers of Guardianship
• The preparation of Medical Powers of Attorney
• The preparation of Loan Agreements
• Administration of Estates, collecting assets and distributing assets according to the terms of a Will or where there is no Will, distributing assets in accordance with the Rules of Intestacy
• Acting as executors and trustees
• Advising trustees of their duties and powers

Non-contentious Estate Administration:

• Applications for Probate
• Applications for Letters of Administration with the Will annexed (where the person leaves a Will, but there is no executor)
• Applications for Letters of Administration (where the deceased person dies without leaving a Will)
• Applications where the exact date of death of a deceased person is unknown or where the person is missing, presumed dead
• Applications for probate of lost Wills
• Applications to the Court where Wills are “informal”, that is they have not been correctly signed or witnessed
• Applications for administration where a Will has been torn, marked, altered or amended
• Documents known as “Citations” to deal with later Wills which are to be ignored, perhaps because of invalidity
• Applications for urgent Grants of Probate
• Applications for resealing Probate and other Grants of Administration

Estate Litigation:

• Challenging Wills on the basis of lack of mental capacity, undue influence or fraud
• Assisting persons to make claims pursuant to the Inheritance (Family Provision) Act for a share or increased share of an Estate
• Applying to Court for an order for a Will to be made by a person under 18
• Applying to Court for an order for a Will to be made by a person lacking mental capacity
• Applying to Court for the rectification of Wills (where errors have been made in the Will)
• Applying to Court on behalf of a de facto spouse for a declaration that such spouse was a “domestic partner” of a deceased person
• Applying to Court seeking orders for paternity
• Applying to Court on behalf of trustees seeking additional powers (e.g. power to sell Trust property)
• Applying to Court to rectify the administration of an Estate where an Attorney, under a Power of Attorney, has sold Estate assets that have been specifically given in a Will
• Applying to Court to rectify the administration of an Estate where an administrator, under a Guardianship Board Order, has sold Estate assets that have been specifically bequeathed in a Will
• Making claims on behalf of a de facto spouse pursuant to the Domestic Partners Property Act
• Applying to Court for the interpretation of a Will where the words of the Will are ambiguous (construction applications)
• Applying to Court in circumstances where a gift to a charity has failed
• Applying to Court where a trustee is required to give a full accounting of his administration of an Estate
• Applying to Court for protection orders in relation to aged infirm persons or persons subject to undue influence
• Applying to the Guardianship Board
• Applying to Court in circumstances where a beneficiary of an Estate is missing
• Applying to Court in cases of intestacy seeking the postponement of the sale of real estate
• Applying to Court for trustee’s commission
• Applying to Court for enquiries as to the proper persons who are entitled to receive an Estate
• Applying to Court for injunctions
• Applying to Court for declarations that documents or transactions are void

Conveyancing: 

• Conveyancing and attending to the sale or purchase of real estate
• Preparation of contracts for the sale and purchase of land and/or businesses
• Preparation of mortgages and discharges of mortgages
• Applications in relation to lost Certificates of Title
• Preparation of transfers
• Preparation of caveats