Rachael Hocking

Rachael is a highly experienced Wills & Estates lawyer. She is an Accredited Specialist in Wills & Estates with the Law Institute of Victoria, and is also a full member of the Society of Trust and Estate Practitioners (STEP), a leading international network of experts in trust and estate planning.

As well as practising law, Rachael enjoys mentoring, and is a lecturer with the College of Law Victoria in its Masters LLM (Applied Law) program in the wills and estates major, which ensures her knowledge within the area is continuously updated and applied.

Rachael acts in all areas of Wills and Estates, including estate planning, administration and litigation and is also actively involved in trust, superannuation and family disputes.

Rachael appreciates the sensitivity for many people in this area and works with her clients to ensure that they feel comfortable and well informed. Her role is to assist clients through each stage of the process with compassion, understanding and discretion.

Rachael acts on behalf of individuals, families, trustees, trustee companies and businesses in all aspects of litigation concerning:

• deceased estates
• testator’s family maintenance claims
• superannuation (including self-managed superannuation funds)
• VCAT guardianship list matters
• Trusts
• construction proceedings
• property disputes
• applications by trustees, and
• capacity.

Rachael has assisted her clients in litigation in all State Courts, from the Magistrates’ Court, County Court, Supreme Court to the Supreme Court of Appeal as well as the Victorian Civil and Administrative Tribunal, and alternative dispute resolution including mediation. Rachael firmly believes that all disputes should be approached with a view to working towards a sensible resolution, if it at all possible, and will advocate for her clients’ best interests.

Rachael is passionate about advising individuals and families to ensure their estate planning is comprehensive and appropriately meets their needs so that they can feel confident in the plans they have made. This often involves working through complex personal and financial structures. Having a good estate plan in place can put your mind at ease and something that everyone should consider – you never know what is around the corner!

Rachael’s experience includes:

Estate planning

• Preparation of Wills (from simple to more complex Wills including testamentary trusts), enduring powers of attorney, appointments of medical treatment decision maker and superannuation death benefit nominations
• Reviewing and advising on trust deeds (including self-managed superannuation deeds)

Estate administration

• Applications for Grants of Probate and Letters of Administration (including complex grants)
• Obtaining a reseal of a foreign grant (whether interstate or international)
• Administering estates and transferring assets
• Advising executors and trustees in relation to their duties and obligations
• Advising beneficiaries about their rights

Estate litigation

• All aspects of litigation arising out of deceased estates with particular emphasis on:
  • Trust and superannuation disputes; and
  • Testator’s family maintenance claims (a claim for provision or further provision from a deceased estate)
• VCAT Guardianship and Administration matters
• Contesting validity of testamentary documents including capacity issues
• Advising on the appointment and removal of trustees
• Negotiation and mediation
• Enforcement of orders

KHQ Lawyers is proudly recognised as a leading Wills & Estates Litigation law firm and leading Wills, Estates & Succession Planning law firm in the highly regarded legal ranking directory, Doyles Guide.