Last Will & Testament Documents Prepared for NSW Residents by Experienced Solicitor

Why You Need A Will

A properly prepared Will is one of the most important undertakings in your life, the implications of not having a properly drafted will are far reaching.
Making a Will can be simple but for your Will to be valid, there are a number of stringent legal requirements that must be satisfied.

Our wills & estate planning practice is experienced in the proper planning & preparation of your will. We are able to ensure that all legal requirements are fulfilled, ensuring that upon your death, your estate is distributed in accordance with your wishes.

Last Will and Testament Solicitor

We assist you to consider other factors to be taken into consideration such as:

  • Creation of a trust
  • Enduring power of attorney
  • Enduring guardianship
  • Insurance
  • Superannuation fund beneficiaries

We will promptly act on your instructions and put all necessary arrangements in place.

A common question is what assets are not covered by a Will?

Life insurance cover
Not available for distribution under a Will if you have a beneficiary (other than your estate) nominated.

Superannuation
Not available for distribution under a Will if you have a beneficiary (other than your estate) nominated.

Joint Assets
Pass to survivor – do you own your own home as a “joint tenant” or a “tenant in common”? – you should know!

Family trusts
Not subject to will (but control of trust might be).

We take the time to discuss your specific circumstances to ensure that your will is reflective of your needs.

Probate
When a will is drawn up, it appoints an executor who is charged with assuming responsibility for the proper administration and distribution of the estate in accordance with the terms of the will.

Upon the death of the person who wrote the will, an application must be made to the court (Supreme Court of NSW) for ‘probate’. The court then approves the will as being valid and the right of the executor to enact its terms.

Where a person has died without a valid will, they are regarded as having died intestate. In this circumstance, a spouse, defacto spouse or another close family relative can apply to the Supreme Court to be appointed as “administrator” of the estate. If approved, they are granted ‘letters of administration’ (equivalent of Probate). Either Probate or Letters of Administration allows for the proper administration and distribution of the assets under the will.

We can also help family members of a person who has died intestate (without a will) in applying for letters of administration. We can also assist them in dispensing with their obligations arising from such appointment.

Please note time limits apply to applications for probate. There are a series of stringent requirements regarding publication notices and the recording of an inventory of assets and liabilities. We are able to assist with all requirements and provide advice and legal support in the event that an estate dispute arises.

Disputes arising from the Estate
Disputes or contested estates occur for many reasons. For example a will may not exist, or it cannot be located. The will may have been poorly drafted resulting in a beneficiary missing out on an inheritance or receives a reduced share. In some other cases, a person with a proper and valid entitlement may have been excluded from the will, or inadequately provided for.

The reasons for contenting an estate are wide and varied. We act for people who feel they have been unfairly treated in the provisions of the will or left out of the will altogether, as well as executors of a challenged will who need to defend a claim. There is a limited time period to do this – 12 months from the date of death, so it is important that you act quickly to obtain advice.

Similarly, if you are the Executor of a Will that is being challenged, we can act on your behalf to help resolve the matter quickly and efficiently.

It might be that the dispute arises where it is argued that the deceased was incapable of making the will, or if the deceased is alleged to have been unduly influenced to make their will in a particular way. Under both of these situations, there may be a basis for a challenge to the will ,we can assist you to assess or challenge the will in these circumstances.

Our services in the area of estate disputes include advising and acting on:

  • Undue influence
  • Family Provision Act claims
  • Capacity claims
  • Contested estates
  • Intestacy (where there is no will or a will cannot be found)
  • Executor’s duties and removal of executors

Joseph Trimarchi

Solicitor

FIRST CONSULTATION IS FREE!

FIRST CONSULTATION IS FREE!

Wills & Probate

Power of Attorney

Estate Planning

Dispute Resolution

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