Wills & Estates
Wills and Estates in New South Wales is an area of law that governs the legal process and distribution of assets upon a person’s death. It encompasses a range of activities including the creation of wills, obtaining probate or letters of administration, estate disputes, and family provision claims. Understanding these legal aspects is crucial for individuals to effectively plan their estates, ensure their wishes are carried out, and handle any potential disputes.
Our experienced wills and estate solicitors can help with a range of estate planning and estate administration matters, including:
- Drafting, reviewing, and updating your Will
- Advising and assisting executors with the administration of an estate
- Applying for Probate
- Letters of Administration (if someone dies without a Will)
- Estate disputes and Supreme Court litigation
- Family Provision Claims
Estate Planning
Effective estate planning is crucial to ensure that a person’s assets are distributed according to their wishes and to minimise the potential for disputes or family provision claims. It involves considering various legal and financial aspects, including the drafting of a valid Will, appointing an executor or trustee, establishing testamentary trusts (if relevant), and considering strategies to minimise estate taxes. Seeking professional legal and financial advice when planning your estate can help navigate the complexities and ensure that your intentions are properly documented.
We will consider your family and financial circumstances to ensure your Will and estate planning documents accurately reflect your wishes and take into account your individual needs.
Wills
A Will is a legal document that sets out a person’s wishes regarding the distribution of their assets after they die. In New South Wales, a valid will must comply with specific legal requirements, including being in writing, signed by the testator (person making the will), and witnessed by two witnesses. While it is possible to use an online will service or a will kit to prepare your Will, we recommend seeking legal advice for this important legal task. When it comes to interpreting a person’s Will after they have died, ambiguities or mistakes can have devastating effects and could even result in leaving somebody out of your estate that you intended to benefit. Engaging the services of an experienced solicitor will ensure that your Will is correctly drafted and contemplates any issues that would otherwise be difficult to correct after you are gone.
Probate and Letters of Administration
Probate is the legal process of proving and validating a Will. The executor of a deceased estate is responsible for obtaining probate if it is required. This involves preparing the necessary application and supporting documents and filing it with the Supreme Court of New South Wales. If the Court raises no requisitions to the application, a grant of probate will be made, which confirms the executor’s authority to deal with and administer the deceased person’s estate according to the terms of the Will.
In cases where a person dies without a valid Will, letters of administration may be required. This process involves appointing an administrator to distribute the assets of the deceased person’s estate according to intestacy laws. As with probate, the application for letters of administration is made through the Supreme Court which requires a number of steps and processes.
Legal advice is often sought to navigate the probate or letters of administration process efficiently.
Estate Disputes
Estate disputes can arise when there are disagreements or conflicts regarding the distribution of assets or the validity of a Will. Common estate disputes in New South Wales include challenges to the validity of a Will based on lack of testamentary capacity, undue influence, or fraud.
Disputes may also arise when eligible family members or beneficiaries believe they have been unfairly excluded from a Will or have not been adequately provided for. Resolving estate disputes can involve negotiation, mediation, or, if necessary, litigation through the Supreme Court.
Family Provision Claims
Family provision claims, also known as “contesting a will,” allow eligible individuals to challenge the distribution of an estate if they believe they have not been adequately provided for in the Will. This can be a confronting and challenging time for all involved.
In New South Wales, certain categories of people, including spouses, de facto partners, children, and dependents, may be eligible to make a family provision claim. If the matter proceeds to court, various factors will be considered in determining whether the claim should succeed. These factors include, but are not limited to, the financial needs and circumstances of the claimant and the competing interests of other beneficiaries.
If you need help, contact of****@ge*************.au or call 02 4234 3033 for a no-obligation discussion and for expert legal advice.