Planning & Relationships

Planning in a legal context means taking steps now to avoid, minimise or control future issues or events, legal or otherwise. Legal Planning should be an essential consideration for all clients and Vale Law aims to assist in that endeavour.

We encourage our clients to be proactive and consider what may happen in the future, what outcomes they would seek in those circumstances and to then take steps towards ensuring that outcome. In particular we assist and advise in relation to the preparation and execution of legal documents such as power of attorney and enduring guardianship; simple and complex wills; and in a family law context, binding financial agreements, parenting plans and consent orders.

Vale Law provides services to clients undergoing difficulty within their relationships:

  • In Family Law disputes, both children and property
  • Following the death of a loved one, in regular estate applications and in contested matters.

Family

There are many issues which arise from the termination of a marriage, de facto and other relationships. We are mindful that this is a highly sensitive and emotional time for you and your family and set out to provide the highest standard of service to assist you through this difficult time.

Vale Law can assist you in negotiations with the other party, attempting to settle issues that may have arisen in relation to residence and contact, property, spousal maintenance and child support. The advice you can expect from us is both personal and practical, and tailored to your needs. We will inform you of your rights and obligations in a way that you can understand and at all times put you in a position to make informed decisions about the conduct of your case.

We are able to assist you in formalising agreements where there is no dispute (consent matters) and also in advising and representing you in situations where issues are contested. Our services include divorce, property division or settlement (following the breakdown of a marriage or de facto relationship), residence and contact of children, child support and spousal maintenance. Our lawyers have experience that goes beyond basic family law to more complex areas such as complex trust and company or business structures.

 

Estates

Following the death of a loved one, Vale Law can provide valuable advice and assistance to see that the deceased's affairs are managed properly, efficiently and with a minimum of inconvenience.

We can help you apply to the Supreme Court of NSW for Probate in instances where there is a valid will and you have been nominated as Executor or for Letters of Administration, where no valid will has been left and you are an appropriate Administrator. Probate or Letters of Administration is the Supreme Court's authorisation for you to deal with and eventually distribute the deceased estate.

Following the issue of Probate or Letters of Administration, Vale Law can then assist you on the realisation of assets, payment of liabilities and distribution to beneficiaries.

 

Wills

A will allows you to state your preference as to the disposition of your estate following your death. Without a Will, you have no direct say over where your assets go. Throughout our lifetime our personal circumstances will change. It is important to regularly consider whether your Will reflects your present preferences and desires and if not, to remedy that situation.

Occasionally a person's circumstances may justify the drafting of a complex Will. A complex Will may address special family circumstances or relationships or give more specific directions or deal with particular property in a distinct fashion. Where suitable, they may create testamentary trusts for certain named or classes of beneficiaries. There are various outcomes that may be sought via a complex Will such as asset protection, controlled income, taxation benefits or providing for a person under a disability.

 

Power of Attorney & Enduring Guardianship

A Power of Attorney is a legal document allowing another person (your attorney) to handle financial and property matters on your behalf. It can be directed for a particular purpose or for more general use. It is subject to conditions or limitations stated in legislation or in the document itself. An Enduring Power of Attorney is designed to continue in circumstances when you may have lost capacity to make decisions for yourself and has special requirements on execution.

A Power of Attorney enables your affairs to be managed by a person of your choice in situations where you are unable or unwilling to conduct them personally, such as if you are ill or travelling overseas. If enduring, it can also operate if you lose mental capacity. They can be used for a wide range of purposes, including collecting debts, voting at meetings, operating a bank account or buying or selling property.

An Enduring Guardian is someone you appoint by a legal document, at a time when you have capacity, to make personal, health or lifestyle decisions on your behalf should you lose the capacity to make those decisions for yourself. Many people think that if they are ill or injured, then the appointment of an enduring guardian can take place at that time. However it is the situation that if you have already lost the capacity to make decisions about your own welfare and medical treatment, you have also lost the legal capacity to make a decision to appoint a Enduring Guardian. It is therefore critical to consider and potentially appoint an enduring guardian whilst you are able to do so.

"We set out to provide the highest standard of service to assist you through sensitive issues."