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 Advance Care Directives
- 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 SACAT 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 South Australian Civil and Administrative Tribunal (SACAT)
- 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