Wills & Estate Planning

Estate Planning

Estate planning is the process of organising your affairs to ensure efficient and effective distribution of your estate after your death. A good estate planning process can ensure your wishes are followed and help protect your family and loved ones by distributing your assets legally in a straightforward manner.

Our goal is to understand your circumstances and help you find the right strategy to realise your wishes. Leaving a Will is an effective planning strategy. A great estate plan should, however, go beyond a Will and consider the addition of the following:

General & Enduring Power of Attorneys; and
Appointing an Enduring Guardian.

Probate & Administration of Estates

What is a Probate?

In certain circumstances, an executor of a Will will need to apply for Probate from the Supreme Court of New South Wales. A Probate is a formal recognition of a Will by the Court and that the executor can legally arrange the administration of the deceased's estate.

We can assist by assessing whether a Probate is required and help you apply for a Probate from the Court.

What is Letters of Administration?

An administrator of the estate will need to apply to the Supreme Court of New South Wales for a Grant of Letters of Administration, where a person passes away without leaving a Will. The administrator is usually the deceased's partner, parents or children.

We can guide you through the application process and assist you in applying to the Court for a Grant of Letters of Administration.

If you are unsure of which process is right for you or need further advice, contact us today to speak with one of our friendly solicitors.

Contesting a Will

In New South Wales, an eligible person can contest a Will and ask the Supreme Court of New South Wales to alter the provisions of a Will if they were left out or if the clauses in a Will are inadequate.

These claims are known as Family Provision claims.

The Court will consider the claimant's relationship with the deceased, their financial position, the size of the estate and the deceased's relationship with other prospective claimants. If you wish to make a Family Provision Claim, you will have to act as quickly as possible and commence your claim within 12 months from the date of the death.

*The above material is provided as general information only and should not be relied upon as legal advice.

Contact us today to have a free assessment by one of our solicitors to see if you are eligible for a Family Provision claim.