WILLS AND ESTATE PLANNING

Wills & Estates

A Will is a legal document that outlines your wishes for how your property (your “estate”) will be distributed after your death. It provides clear instructions for the person or organisation responsible for administering your estate.

Anyone over the age of 18, with the mental capacity to understand their actions, can make a Will. Whether your estate is simple or complex, BD Legal Services can help you prepare a valid and comprehensive Will that reflects your intentions and protects your loved ones.

We can assist with:

• Making or updating a valid Will

• Understanding what happens if someone dies without a Will

• Challenging or contesting a Will

• Applications for Probate

• Survivorship applications

• Estate administration

We offer friendly, professional advice tailored to your situation.

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Power of Attorney

A Power of Attorney is a legal document that allows you to appoint someone you trust to make financial and personal decisions on your behalf if you become unable to do so.

Life can be unpredictable. Accidents, illness, or age-related changes can affect your ability to make decisions about:

• Where you live

• How your money is managed

• Your health care and medical treatment

Without a Power of Attorney, someone may need to apply to the State Administrative Tribunal (SAT) to be appointed as your administrator or guardian — a process that can be stressful and time-consuming.

Creating a Power of Attorney ensures that your wishes are respected and your affairs are managed by someone you choose.

Please contact us for more information about affordable pricing options.

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Probate

Probate is an essential legal process that allows an executor to administer and distribute a deceased person’s estate. It is a document issued by the Supreme Court confirming that a Will is valid and can be acted upon.

Without a Grant of Probate, the executor cannot access or distribute the estate’s assets — such as bank accounts, property, shares, superannuation, or cash.

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How to Obtain a Grant of Probate

The executor named in the Will must apply to the Probate Office of the Supreme Court. This involves submitting documents such as an Originating Motion, Affidavit, Advertisement, and Inventory of Assets and Liabilities. Once approved, the court issues the Grant of Probate, allowing the executor to manage and distribute the estate.

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Common Issues in Probate Applications

Probate can become complicated if the Will is contested. Disputes may arise regarding the deceased’s capacity to make the Will, issues with execution, or claims of undue influence. In such cases, professional legal guidance is essential.

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When There Is No Will

If a person dies without a valid Will, their estate must go through a Letter of Administration process. The court appoints an appropriate person — typically a spouse, child, or next of kin — to administer the estate. If no one is available, the State Trustees may step in.

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Survivorship Applications

A Survivorship Application transfers ownership of jointly held property to the surviving owner when one party passes away.

At BD Legal Services, we offer fixed-price quotes for Survivorship Applications.

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If you need help with Wills, Powers of Attorney, Probate, Letters of Administration, or Estate Planning, contact BD Legal Services today to discuss your options and find peace of mind for the future.

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CRIMINAL LAW

Being charged with a criminal offence can be a frightening and overwhelming experience — one you should never have to face alone. Navigating complex court procedures and trying to defend yourself is daunting, particularly when you are in a vulnerable position.

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At BD Legal Services, we take a compassionate, efficient, and holistic approach to criminal law matters. We work closely with support services to help clients “get back on track,” providing the court with a full understanding of your circumstances and assisting in achieving the best possible outcome.

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For some matters, we brief hand-picked barristers from trusted chambers. We only work with barristers who are highly experienced and have established relationships of mutual respect and trust. We never compromise your future by engaging counsel we haven’t vetted.

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We can assist with the following criminal matters:

• Driving and vehicle offences

• Assault and theft

• Breaches of orders

• Drug offences

• Sexual assault

• Spent conviction applications

• Violence Restraining Orders

If you are facing criminal charges or need assistance within the criminal justice system, contact BD Legal Services today. We will provide understanding, practical advice and strong representation tailored to your situation.