Succession law
Succession Law & Estate Planning Lawyers Melbourne
Planning for death, incapacity or an estate dispute is not pleasant, but leaving it unresolved can create avoidable cost, delay and conflict.
Cimino & Cimino assists Victorian clients with practical succession law advice, including wills, powers of attorney, probate and letters of administration, and will disputes. Whether you are putting your own affairs in order, acting as an executor, or dealing with a disputed estate, clear legal advice at the start can prevent larger problems later.
Succession law services at a glance
Succession law deals with what happens to your property, finances and decision-making authority if you lose capacity or pass away. It also deals with disputes about wills and estates after death.
Cimino & Cimino can assist with:
- Wills — documenting who receives your estate and who is appointed as executor.
- Powers of attorney — appointing trusted people to make financial, personal or medical treatment decisions if you cannot make them yourself.
- Probate and letters of administration — helping executors and next of kin obtain authority to administer a deceased estate.
- Will disputes — advising eligible persons, executors and beneficiaries about disputed wills, family provision claims and estate litigation.
Our services
How we can help
Wills
A will records who you want to receive your estate and who you want to appoint as executor. A properly prepared will can reduce uncertainty, avoid unnecessary family conflict and make the administration of your estate more efficient.
A will should be reviewed when your circumstances change, including marriage, separation, divorce, the birth of children, the purchase or sale of significant assets, business changes, blended family arrangements, or changes in your relationship with intended beneficiaries.
Cimino & Cimino can assist with straightforward wills, more detailed estate planning, executor appointments, testamentary trust considerations and practical advice about reducing the risk of future estate disputes.
Powers of attorney
A power of attorney allows you to appoint someone you trust to make decisions for you during your lifetime. In Victoria, this commonly includes an enduring power of attorney for financial and personal matters. Separate documents may also be needed for medical treatment decision-making.
These documents are especially important if you lose capacity through illness, injury, age-related decline or another unexpected event. Without properly prepared documents, family members may be forced into avoidable disputes or tribunal processes.
Cimino & Cimino can assist with enduring powers of attorney, appointments of medical treatment decision-makers, capacity issues, signing requirements and advice about who should — and should not — be appointed.
Probate and letters of administration
After a person dies, the executor or next of kin may need legal authority to collect estate assets, deal with banks, sell or transfer property, pay liabilities and distribute the estate.
If there is a valid will, the executor may need to apply for a grant of probate. If there is no valid will, or no executor able to act, an eligible person may need to apply for letters of administration.
Cimino & Cimino can assist with preparing the application, identifying estate assets and liabilities, dealing with requisitions, advising executors or administrators, and guiding the estate through the administration process.
Will disputes
Estate disputes can arise when a person believes a will is invalid, an executor is not acting properly, or an eligible person has not been adequately provided for from an estate.
These matters need early advice. Delay can affect legal options, estate administration, evidence and settlement strategy. In some cases, strict time limits apply.
Cimino & Cimino can advise executors, beneficiaries and potential claimants about family provision claims, disputes about capacity, undue influence, suspicious circumstances, executor conduct, estate negotiations and court proceedings where required.
When should you get succession law advice?
Early advice is usually cheaper and more effective than trying to fix a problem after conflict has escalated.
- You do not have a current will.
- Your will was prepared many years ago.
- You have separated, divorced, remarried or entered a new relationship.
- You have children from different relationships.
- You own real estate, a business, company interests or trust assets.
- You are concerned about a beneficiary’s financial position, relationship breakdown or creditors.
- You want to appoint someone to make decisions for you if you lose capacity.
- A family member has died and you are unsure whether probate or letters of administration is required.
- You are an executor and need guidance about your duties.
- You believe you have been unfairly left out of a will.
- You are defending an estate against a claim.
Practical advice, clear process
Succession law matters are often personal, urgent or emotionally difficult. Our approach is to identify the legal issue, explain the available options and give practical advice about the next step.
For estate planning matters, we focus on preparing documents that reflect your instructions and reduce the risk of confusion later. For probate and estate administration, we focus on progressing the matter efficiently and helping executors understand their duties. For will disputes, we focus on early assessment, evidence, negotiation strategy and realistic advice about prospects and cost.
Where appropriate, we will discuss fixed-fee options or provide a clear estimate before work begins.
Why choose Cimino & Cimino for succession law?
Cimino & Cimino is a Victorian incorporated legal practice based in Melbourne. The firm assists clients with personal and property-related legal issues, including succession law, estate planning and deceased estate matters.
Clients choose Cimino & Cimino because they want direct, practical legal advice without unnecessary complication. We aim to explain the legal position clearly, identify risks early and help clients make informed decisions before documents are signed, applications are filed or disputes escalate.
Succession law FAQs
What is succession law?
Succession law deals with the legal consequences of death and loss of capacity. It includes estate planning documents such as wills and powers of attorney, applications for probate and letters of administration, estate administration, and disputes about wills and deceased estates.
Do I need both a will and a power of attorney?
Usually, yes. A will operates after death. A power of attorney operates during your lifetime. A will deals with your estate after you die, while a power of attorney allows someone to make certain decisions for you while you are alive if you are unable or unavailable to do so.
What is the difference between probate and letters of administration?
Probate is usually required where the deceased left a valid will and the named executor needs authority to administer the estate. Letters of administration may be required where there is no valid will, no executor able to act, or another person needs authority to administer the estate.
Can a will be challenged in Victoria?
Yes. A will or estate may be challenged in Victoria in several ways, including a claim that the will is invalid, that the will-maker lacked capacity, that there was undue influence, or that an eligible person was not adequately provided for from the estate. Time limits may apply, so early advice is important.
When should an executor contact a lawyer?
An executor should seek advice early if the estate includes real estate, significant bank accounts, superannuation issues, business interests, tax issues, family conflict, missing beneficiaries, uncertainty about the will, or any risk of a claim against the estate.
Can Cimino & Cimino assist with letters of administration if there is no will?
Yes. If a person dies without a valid will, a family member or other eligible person may need to apply for letters of administration before the estate can be administered. Cimino & Cimino can advise on who may apply and assist with the application process.
How do I start?
Start by booking an initial consultation. Bring any existing will, power of attorney, death certificate, asset information, correspondence from banks or superannuation funds, and any court or estate documents you have received. If you do not have all documents yet, we can still discuss the likely next steps.
Get succession law advice before the issue becomes harder to fix
Whether you need a will, a power of attorney, help with probate or letters of administration, or advice about a will dispute, early legal advice can save time, cost and stress.
Contact Cimino & Cimino to arrange an initial consultation.
*** This page contains general information only and is not legal advice. The right approach depends on the circumstances of the matter. You should obtain legal advice before acting or relying on this information.
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