Our Mission
Clarke Lawyers was founded in 2009 to focus on the growing need for experts in the ever growing and evolving field of Wills, Estate Planning and Estate Administration. We are committed to delivering exceptional legal advice and documents. Our clients’ needs are of the utmost importance. As a result of our commitment to service, the majority of our work is from word of mouth and referrals.
We aim to work with you to ensure that we achieve your desired outcome. We welcome the opportunity to assist you with your wishes regarding your estate planning.
Our lawyers are members of the Society of Trust and Estate Practitioners (STEP). STEP is a professional organisation that provides us with an international network of lawyers, accountants, financial planners etc that we can call on to help with your matter. If there is a dispute around a Will or estate, and international resources are needed, our lawyers can team up with our international partners to work through the issues together.
We can assist you with the following
Wills
Planning for your family’s future after you’re gone is a really important legal task.
If you take the time now to make an effective Will, you can save your family not only stress but money in what will undoubtedly be a difficult time for them. Clarke Lawyers can help you:
- Write a Will that clearly reflects your wishes
- Establish Wills which incorporate testamentary trusts
- Advise you in regard to choosing Executors of your Will and Guardians of any minor children
- Advice in regard to estate tax and financial concerns
- Safely store your will and other important legal documents
Powers of Attorney
Having someone make decisions for you while you are away or if you are no longer able to make decisions for yourself is an important step but often a difficult choice to make. We can help you with the four types of Powers of Attorney used in Victoria, each of which deals with a different aspect of your life:
General Power of Attorney
Appoints someone to make financial and legal decisions on your behalf for a specific period of time, for example, if you are overseas and need someone to manage your financial affairs while you are away.
Enduring Power of Attorney (Financial)
Used to appoint someone to make legal and financial decisions for you in the event that you lose the capacity to make those decisions yourself.
Enduring Power of Attorney (Personal)
Used to appoint someone to make personal and lifestyle decisions on your behalf such as your living arrangements if you have lost the ability to make decisions for yourself.
Appointment of Medical Treatment Decision Maker
Used to appoint someone to make medical treatment decisions on your behalf if you cannot make them yourself.
Grants of Representation
(Grants of Letters of administration, Grants of Probate)
We understand that dealing with a deceased estate is one of the more difficult challenges in life. From paperwork to legal jargon and simmering family disputes, they’re the last things you want to deal with when you’re grieving the loss of someone important in your life.
We make applications for probate and letters of administration in relation to wills.
We also guide executors through the sometimes lengthy process to ensure the terms of the will are carried out and the executors obligations are met.
Need our help with any of these services?
Estate Administration
Let us help you by:
- Advising Executors and Trustees in regard to their duties and rights
- Applying for a grant of Probate of the Will in the Supreme Court
- Applying for Letters of Administration (if the Will is deemed invalid or where there is no Will)
- Identifying estate assets and liabilities
- Collecting estate financial assets including superannuation, bank funds, shares, outstanding loans, and insurance payouts
- Selling or transferring estate property including estate auctions
- Paying estate debts, funeral costs, and testamentary expenses
- Advising in regard to family and testamentary trusts
- Distributing bequests to beneficiaries
- Organising information for estate tax returns
- Preparing distribution statements for beneficiaries
- Complying with statutory duties
Trust Succession
Trusts can be used as a tax minimisation strategy; as a means of providing shared income for family members; to minimise the risk of creditors making a claim against your assets; and to place valuable assets out of the direct control of individuals at risk of making poor decisions that may affect a number of stakeholders involved.
We can assist you with:
- Reviewing trusts to ensure they comply with financial and trust-related legal requirements
- Liaise with your accountant regarding taxation or structure issues
- Providing for succession to the next generation
Superannuation Death Benefits
We understand that your largest asset upon death may not necessarily be your family home but instead your superannuation. Whether it is an industry fund, retail fund or a self managed superannuation fund it is important to ensure that your superannuation benefits pass to your beneficiaries which can be done through a nomination. The choice of beneficiaries who can receive death benefits is very limited and it is important that your nomination is correctly prepared to ensure it is valid.
Our Director
Annette Esposito
Esposito has practiced exclusively in the area of Wills and Estates since 2006
Her qualifications include a double degree from Monash University Bachelor of Arts (Italian) and Law, a Graduate Diploma in Legal Studies at the University of Melbourne and Master of Applied Laws (Wills and Estates). During Annette’s career, she has worked in a range of established small firms and mid-tier firms in Wills and Estates.
Contact Us About Your Case
ADDRESS
Clarke Lawyers
Level 12, 114 William Street
Melbourne Victoria 3000
Email
cl@clarkelawyers.com.au
Contact Us About Your Case
ADDRESS
Clarke Lawyers
Level 12, 114 William Street
Melbourne Victoria 3000
Email
cl@clarkelawyers.com.au
Clarke Lawyers Pty Ltd ABN 91 146 110 976, trading as Clarke Lawyers. Copyright© Clarke Lawyers 2019.