Lawyers in the field most likely to be involved with wills and estates law at some stage, whether they act as the attorney or client of a client, advising them, defending them, or being the actual beneficiary or testator of a personal will. But this does not mean that there are no attorneys who specialise solely in wills and estates law, or who frequently take part in probate and estate proceedings. Such a lawyer would most probably specialise in one or more areas of the law. To understand more about wills and estates Darwin by TGBLawyers, check this out.
Wills and estates planning is primarily concerned with how individuals and other legal entities disburse their assets when they become incapacitated or pass away. This often happens because of illness or an accident, but can also happen due to the simple passing of a life-time-capable parent, spouse, child, grandparent, sibling, or spouse. It is also a common occurrence during the process of wills and estates for people to die before determining what will be their final wills and estates and, therefore, leaving their property, belongings, and financial holdings to their dependents or beneficiaries. When this happens, it becomes necessary for the attorney representing the decedent’s last will and testament to ensure that all his/her legal powers and privileges are terminated or forfeited.
The first step that wills and estates Darwin by TGBLawyers will take on the case is to draft and register a client’s power of attorney. This gives the attorney the ability to control the disposition of the decedent’s property and assets when they no longer can act for them, either through incapacity or death, and is typically referred to as a ‘power of attorney for service type.’ In short, this document provides the legal power for another person to make specific decisions for the decedent when they are no longer able to do so themselves. This power of attorney for service type has become the most common form of wills and estates planning, but there are other types, including express and implied will, express, implied, and limited wills. Limited wills are also becoming increasingly common as more individuals seek to protect their assets during the course of their lifetimes and when they reach certain ages. The limited will power of attorney for service is also one of the most commonly used forms of wills and estates planning today.
The will itself is nothing more than a legal set of instructions for how the decedent’s property and assets will be disposed of in the event of their disability or death. In these events, the appointed agent or attorney of the decedent is generally asked to direct the distribution of his/her assets and liabilities, depending on what state the property or assets are located in. Although these instructions are considered part of the decedent’s estate, the question of who will get the assets during their incapacity remains a point of contention between the decedent’s estate and the rest of the family, friends, and associates. With this in mind, it is no surprise that wills and estates lawyers are often needed to mediate the squabbling among these parties.
It is easy to see how wills and estates lawyers can be important to this type of law. For example, in a situation where there have been significant financial struggles among the decedents or the entire estate, where the probate court has ordered financial guardianship over the individual’s assets in the form of an intestate trust, and where the individual has refused to provide any valid prescriptions for the distribution of his or her funds, the appointed agent or attorney of the decedent must find a way to convince the trust to distribute the funds in the manner that the individual had hoped for. To do this, lawyers for these people need to engage in some wacky process known as whole estate litigation.