McR Private, Wills, Estates and Trusts
Esterina’s practice includes comprehensive estate, trust and succession planning for private clients (including high net worth and ultra high net worth clients, individuals, families and family offices) by formulating and implementing bespoke strategies, advising on the wide-ranging and varied matters that arise in the administration of complex deceased estates, and acting in litigation and alternative dispute resolution processes for a variety of estate-related conflicts. She has also advised on unique succession issues in order to assist with legislative reform.
She is currently a member of the Law Society of NSW Elder Law, Capacity & Succession Committee, Chair of the STEP Australia National Newsletter Committee, and co-founder and member of the STEP NSW Emerging Professionals Network. She is also a full member of the international Society of Trust and Estate Practitioners (STEP).
Esterina draws on her specialised experience in estates practice to support her clients in an empathetic and authentic manner, both in navigating estate administration and litigation dilemmas, and in achieving desired estate planning outcomes. She works closely with other professionals, such as accountants, financial advisers and wealth managers, as well as her colleagues within McR Private and the firm more broadly, to ensure clients and their interests are looked after comprehensively.
No minor matter: Complexities in the appointment of testamentary guardians
Revised s 249E of Crimes Act NSW: Corruption Now Key Offence Element
Avoiding a crime when changing trustees – Application of MLC Investments Ltd
Acting for private clients, high net worth and ultra high net worth clients, individuals, families and family offices, including the preparation of, review and advice on a comprehensive suite of documents: wills (incorporating testamentary discretionary trusts), powers of attorney, enduring guardianship arrangements, family trust and company documentation, self-managed superannuation fund trust deeds and death benefit nominations.
Undertaking the administration of complex deceased estates, including multi-million dollar estates and estates with assets in multiple jurisdictions. Applying for straightforward and complex grants of representation, redeeming and transmitting all types of estate assets, and liaising with accountants to finalise taxation matters.
Resolving estate disputes informally, as well as initiating and defending contested estate litigation matters, including informal will disputes, applications for the removal of an executor, family provision claims and contested probate proceedings such as arguments as to testamentary capacity.
Advising on five interrelated deceased estates spanning three generations of family members, which involved finalising the incomplete administration of multiple estates, an informal will in the context of suicide, an application for a grant of letters of administration de bonis non, and investigations into unknown parentage to determine relevant beneficiaries on intestacy.
Acting in an expedited hearing concerning the right of burial in relation to an Aboriginal person who died intestate, involving consideration of the highest legal right to administer the estate, the deceased’s wishes, the competing wishes of the deceased’s family, and Aboriginal cultural matters.
Applying for a grant of a ‘lost will’, including the filing of evidence and preparation of submissions to rebut a legal presumption that the deceased destroyed their will with the intention of revoking it.
