Wills and Probate

We are able to assist you with

  • Making a Will
  • Changing a Will
  • Applying for a grant of Probate
  • Applying for Letters of Administration where there is no Will

Our Goal

Our goal is to provide you with a competent and professional service that is timely and cost effective. We aim to be friendly, courteous and approachable in our service to you.

Wills

A Will is a written document which sets out how a person wants their assets (estate) distributed after death. You may become involved with the law of Wills:

  • When you make your own Will
  • When you are managing the affairs of someone who has died.

We recommend for everyone to have a Will, as it is the most effective way to make sure that your estate is distributed in the way you would like and that this is done as quickly and cheaply as possible.

Our initial consultation is free-of-charge. We are able to advise on the following issues to help you understand them fully:

  • When do you need a Will
  • What can be included in the Contents of the Will
  • What makes a Will valid
  • Where to keep a Will
  • Who can be an Executor and Trustee of your Will
  • How do you change your Will
  • What is not dealt with by a Will

We are able to help you by taking your specific instructions and drafting your Will document, have it properly signed and witnessed, and also to register your Will.

Distribution of Deceased’s Estate

The distribution of a person’s estate can be made through a grant of Probate or by Letters of Administration from the Supreme Court of NSW which authorises an Executor or Administrator respectively to distribute the deceased’s estate.

Probate

Where there is a Will and you are the nominated Executor of the Will, we can help you to apply at the Supreme Court of NSW to apply for Probate. Once the Court is satisfied that the Will is valid, the Court will grant you Probate which authorises you, the Executor, to attend to the distribution of the deceased’s estate in accordance with the Will.

Letters of Administration

Where a person has died but has not left a Will, the situation becomes more complicated. There is legislation that details how the estate of the deceased person is to be handled and the formula for the distribution of the deceased’s estate. Any person who expects to be a beneficiary of the deceased’s estate can apply to the Supreme Court of NSW for Letters of Administration to allow for distribution of the estate.

We can help you to apply to the Supreme Court of NSW for Letters of Administration to allow the Court to appoint an Administrator to distribute the deceased estate according to the legal rules of intestacy under the Wills, Probate and Administration Act 1898.

Claims under the Family Provision Act 1982

Claims can be made against the distribution of any estate where a person for good reason expected to be a beneficiary but was not provided for under a Will or under the rules of intestacy where there is no Will. In such cases, the person can make claims under the Family Provision Act 1982 and clearly explain why they should be considered a beneficiary of the deceased’s estate.

Enduring Power of Attorney

An enduring power of attorney enables you to nominate a person to make decisions about your assets and financial affairs on a lasting basis. Unlike a standard power of attorney an enduring power of attorney can remain legally in force even if you become of unsound mind or otherwise legally incapacitated.

We can assist you in drafting and registration of an enduring power of attorney according to the Powers of Attorney Act 2003.

Enduring Guardianship

Where a person is needed to make decisions with respect to your personal and lifestyle matters such as health care, personal services, medical and dental treatment an enduring guardian may be appointed by you. The enduring guardian will then have the legal power to make decisions on the matters that you have authorized them to in the event of your incapacitation.

We can arrange for the creation of a legally binding enduring guardianship pursuant to the requirements of the Guardianship Act 1987.

Summary

We understand and appreciate your concerns surrounding your Will and estate matters when you make you decisions about how your assets should be taken care of when you pass away. We are happy to work with you to draft your Will to ensure that your wishes are carried out. We are here to help you and your family.