Assisting you to plan for your family’s future is essential and can take on many forms.

Our Principal Solicitor has completed postgraduate study in Complex Estate & Succession Planning; Conveyancing Practices and is a Notary Public.

When your or your family’s circumstances change, a review of previous plans made needs to occur. As family law specialists, we have the necessary experience and skill to help you. We understand that putting plans in place for the future can be an exciting, or at times a daunting, thought. We can assist you with this.

Deciding what needs to be done

The services required will depend on your circumstances. Planning for your family’s future isn’t always due to a relationship breakdown or separation.

  • Wills and Estates: when a loved one passes away, it can have a devastating impact on the family members left behind. When a person dies, their ‘estate’ needs to be looked after in accordance with their will. This can sometimes be a straightforward process and at other times can be complicated and disputes may arise. At Emalene Gemmell Family Law we can assist you with:
    Updating your will
    Drafting your will for the first time
    Estate administration, including when a person passes away without a will
  • Power of Attorney and Enduring Guardian: Power of Attorney and Enduring Guardian documents are extremely important documents which take affect whilst you are alive. A Power of Attorney is someone you appoint to make decisions about your property. It may be that you aren’t able to complete a transaction because you are away from home, or it can be more serious and the need arises because you are alive but are incapacitated for whatever reason and not able to make a financial decision for yourself. An Enduring Guardian is someone you appoint to make health care decisions for you in the event you aren’t able to make the decision for yourself.
  • Succession planning, whether it be for farming families or those in business, can be complex. When families have given their life’s work to something, and sometimes generations before have too, it is important to plan for how this may continue in the future. Emalene Gemmell Family Law has lawyers who can provide the necessary advice and skill to navigate you through this often-challenging process so that you can ensure your family is provided for in the future.
  • Probate and Letters of Administration: When a person dies and they have a will, a Grant of Probate must be obtained from the Supreme Court of NSW so that the deceased’s assets and liabilities may be finalised and distributed to any beneficiaries named under the will. If a person dies without a will or the will is invalid for whatever reason, Letters of Administration can be obtained so that the deceased’s assets and liabilities can be finalised and passed on to any beneficiary. Our solicitors provide the necessary advice and guidance to assist you through this process.
  • Testamentary Trusts | Testamentary Guardians: A Testamentary Trust is a type of trust set up in the event of your death. The Testamentary Trust is set up in order to hold assets and are overseen by a nominated trustee who then distributes the trust’s assets and liabilities to the nominated beneficiaries. There can be many taxation benefits associated with setting up a Testamentary Trust. There can also be many benefits for the preservation of your estate. A Testamentary Guardian is someone you appoint to care for any minor children you may have at the time of your death. Our team of solicitors can assist by providing you with the necessary advice so you are in a position to make an informed decision for your family.
  • Family Provision: If a person considers that they have been inadequately provided for, or even ‘left out of’, a will, they may apply to the Supreme Court of NSW for a benefit under the deceased’s will. We assist clients through this process, from preparing the necessary court applications to representation in Court. Our Solicitors have extensive experience in this area and provide a guiding hand and support to achieve the best outcome for you.
  • Guardianship: The NSW Civil and Administrative Tribunal, Guardianship Division makes decisions about people who have a decision-making disability. The Guardianship Division determines applications about adults who are incapable of making their own decisions and who may require a legally appointed substitute decision maker. The types of Applications the Guardianship Division makes include:
    • Guardianship orders to appoint a guardian to make personal or lifestyle decisions for someone with a decision-making disability;
    • Financial management orders to appoint a financial manager for someone who is not capable of managing their affairs;
    • Consent for treatment by a doctor or dentist;
    • Review an enduring power of attorney;
    • Review an enduring guardianship appointment;
    • Approval of a clinical trial so that people with a decision-making disability can take part.
    If you or anyone in your family requires assistance from the Guardianship Division, our team is dedicated to providing you with the advice which is right for your individual circumstances.
  • Commercial Leases | Property Matters: We assist both the lessor and lessees in transactions involving commercial properties. A commercial lease is, as the term suggests, a lease relating to a commercial property and can relate to office space, industrial units, workshops and warehouses, retail shops (whether they are within a shopping centre or not), storage sheds, working yards and other non-residential property. If you are the landowner (lessor) or the tenant (lessee), you will need to seek legal advice to ensure that the terms of the lease reflect any agreement made and also the terms of the tenure. We have a team of experienced lawyers who can assist you in a cost-effective way with all of your commercial lease requirements.
  • Rural and Residential Conveyancing: Buying and selling property can be one of the most emotional journeys a person or family can take. Our team of solicitors and paralegals have the necessary post-graduate training in these transactions so we can complete the most cost-effective and timely process for our clients.
  • Notary Public: In NSW, a Notary Public is a practising solicitor (with a minimum of five (5) years practising experience) who is appointed by the Supreme Court of NSW and given statutory powers to witness documents, administer oaths and perform other wide-ranging administrative functions for use overseas. Our Principal Solicitor has completed the Notarial Practice Accreditation Examination with the Society of Notaries of NSW in conjunction with the College of Law and is appointed by the Supreme Court of NSW as a Notary Public.

You cannot go back and change the beginning, but you can start where you are and change the ending.

C.S. Lewis