Wills and Estates

Martin Colwell (Solicitor)

Martin commenced the practice in 1972 under the name of Martin Colwell and Co.

Martin handles leases, business contracts, wills and estates.

Estate lawyers with extensive experience across all matters involving estate planning.

Making a Will
Many people assume that any property will simply go to the remaining family members.
This is not always the case. By having a solicitor prepare a Will for you, you can decide who is entitled to benefit from your Will.

Contesting a Will
A will may be contested by reason of incapacity or coercion of the testator or testatrix.
In addition to this, spouses, children or dependents may submit a Family Provision Application to vary the distribution of an estate whether a person has died intestate (without a Will) or testate (with a Will).

Time limits apply to the making of a Family Provision Application and proceedings must be initiated in the Court within nine months of the death. After this time, the Court has a discretion as to whether to hear the Application.

Your personal circumstances can determine whether you fit into the defined classes of spouse, child or dependent. If you are unsure, please talk to us.

Administration of an Estate
Colwell Lyons Lawyers can provide professional advice and assist in all aspects of administering an estate.

We can assist you in applying to the Supreme Court for Probate or Letter of Administration.

The steps involved in administering an estate varies according to the individual circumstances of the estate. Please contact us to discuss how the process applies in your circumstances.

Making a Power of Attorney
Power of Attorney is the legal power to make decisions on another persons behalf.

Power of Attorney can be given to one, or to several persons to co-jointly make decisions on your behalf.

You may make exclusions to the decisions that are able to be made on your behalf.

Giving an enduring power of attorney means that he/she/they are able to continue to act for you if you lose capacity to act for yourself.

Talk to us about your requirements and assistance with drafting your power of attorney documentation.

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