Estate Planning
There is a misconception Estate Planning is only for the wealthy. However, everyone has an ‘estate’ that needs to be administered upon their passing. No matter the size of your estate, planning is crucial to ensure your loved ones are taken care of when you pass away.
Estate Planning can involve:
- Distinguishing between ‘personal’ assets and assets you hold an ‘interest’ in but do not own.
- Determining the best way to transfer wealth to the next generation.
- Working with your accountant to review tax effective strategies.
- Considering who to appoint in positions of control and outlining when beneficial interest and/or ownership should pass.
- Asset protection measures.
- Assessing the need for Testamentary Trusts.
- Review superannuation and beneficiary nominations.
- Planning for the unexpected – ensuring you have an authorised representative in the event of loss of capacity.
- Identifying ‘red flags’ and the potential for a claim to be brought against your estate.
At Bilston Legal we assist clients with preparing:
- Wills
- Enduring Power of Attorney (Financial & Personal Matters) documents
- Appointment Of A Medical Treatment Decision Maker documents
- Application for a Grant of Probate
- Application for a Grant of Letters of Administration
As part of the Estate Planning process we discuss:
- How you own your assets
- Explain the role of your Family Trust
- The need for asset protection based upon business risk.
- Whether a complex Testamentary Trust Will is required to achieve desired outcomes for the transfer of wealth to the next generation
Wills
A Will is a legal document, setting out your wishes regarding the distribution of your estate upon your death.
Wills range for simple to complex.
The complexity of your Will depends on many factors including:
- The type of assets you own
- Relationship status
- Children – minor or independent
- Blended family/second marriage
- Liabilities
- Family estrangement
- Business and/or business partnerships
- Asset protection
- Bankrupt beneficiaries
Enduring Power of Attorney – Financial & Personal Matters
It’s important to prepare for the unexpected. A loss of capacity event could occur at any time.
Appointing an authorised person to make decisions on your behalf regarding your financial, personal and legal matters is an integral part of your estate planning.
Powers of Attorney are not just for the elderly; from 18 years of age onwards you are responsible for your decisions. Without an authorised attorney to assist you, the alternative route via VCAT is burdensome.
Appointment of a Medical Treatment Decision Maker
If you have lost decision making capacity, your authorised Medical Treatment Decision Maker will make decisions on your behalf regarding your medical treatment.
A Decision Maker must always promote your wellbeing. They have a duty to make a decision they believe you would have made if you were able to. Their informed decision will take into consideration:
- Your lifestyle choices
- Your morals, values and opinions
- Instructions you have communicated during your lifetime.
In addition to preparing an Appointment Of Medical Treatment Decision Maker document, you may also consider preparing an Advanced Care Plan with your doctor. Any directive stated in your Plan must be adhered to by your Decision Maker and medical professionals.
Probate and Letters of Administration
Probate or Letters of Administration is the official appointment of a Legal Personal Representative for an estate, by the Supreme Court of Victoria.
If a deceased person has a Will, depending upon the type of assets they own, an Executor may be required to obtain a Grant of Probate. This provides the Executor with permission to sell or transfer ownership of assets, pay estate liabilities and make distributions to beneficiaries in accordance with the terms of the Will.
If a person passes away without a valid Will, they have died ‘intestate’. An application for a Grant of Letters of Administration appointing a Legal Personal Representative for the estate may be required. The Grant issued by the Supreme Court of Victoria provides the Legal Personal Representative with authority to administer the deceased’s estate in accordance with the terms of the Probate & Administration Act 1958 (Vic)
about
Principal Solicitor
Alana Bilston
Bilston Legal was established in 2017 by Principal Legal Practitioner, Alana Bilston, who has over 20 years of legal experience. The focus of the practice is Estate Planning.
With a compassionate approach, Alana aims to make the process of discussing the uncomfortable topics of death and incapacity less stressful. Her philosophy being: there are no silly questions, always ask.
Bilston Legal is situated in the beautiful Dandenong Ranges. Alana has chosen to establish the legal practice within her local community, just like her husband David who operates PureLife Physiotherapy in Tecoma. In fact, they share the same building!
“Together we have created a very family friendly and inviting atmosphere for our respective clients.”
Quite often the hardest part of making a Will is getting started.
“I find that after our initial meeting, clients who were apprehensive upon arriving, walk out of my office with a better understanding of estate planning. They feel less overwhelmed and more in control of the Will making process.”
SUPPORTING THE LOCAL COMMUNITY
2025
Selby Netball Club Trivia Night
It was a pleasure to assist Selby Netball Club raise funds for not only the club, but also for the Leukemia Foundation.
Information Sessions
Thank you to MyTime for inviting us to various sessions throughout the year to chat about the importance of estate planning.
FEES
Clarity is important
At Bilston Legal the majority of our work is based on a set fee.
Prior to your first meeting we will provide you with an overview of our professional fees.
After our initial meeting we will provide you with further fee information, including any anticipated disbursement costs based on your instructions.
Clarity equates to peace of mind
Knowing what to expect from the outset of your matter, provides you with peace of mind.
A set fee encourages our clients to engage with us more, to ensure the best outcome is achieved, without the worry of an ‘unknown’ bill of costs at the end.
Bilston Legal 