Wills & Probate
We Care about Your matter as much as you do
A will is a written document dictated by a testator as to how the testator wishes his or her assets to be disposed of, how the minors or other family members shall be taken care of and who to administer and execute the will after the testator’s death.
Estate planning involves more than just drafting a paper document. It requires careful and thorough consideration as to:
- Will and estate structure
- Power of attorneys and enduring power of attorneys
- Executor and trustee powers
- Intended beneficiaries (as well as particular person that you wish to exclude from your will)
- Payment of debts, funeral and other testamentary expenses
- Testamentary trusts and special disability trusts for future needs of your beneficiaries
- Protecting intended beneficiaries from any risk of future will dispute
- Tax implications on distribution of estate
What we can do for you?
- Obtain detailed understanding and knowledge of your consideration, personal affairs and family circumstances;
- Draft up a proper will tailored according to your wish, to ensure smooth transfer of your assets to your intended beneficiaries;
- Provide you with detailed advice about your estate planning.
If you would like to discuss about drafting a will or if you have any concern about your current will, please do not hesitate to contact us to speak to one of our experienced estate lawyers.
Probates and letters of administration are legal documents issued by the Supreme Court of NSW, which allows the deceased’s estate to be transferred and vested in the appointed executor or administrator. Until a probate or letter of administration is granted by the Court, estate of the deceased vests in NSW Trustee and Guardian.
Probate:
In the event the deceased passed away with a valid will and you have been identified in the will as the executor to administer the deceased’s estate, you may need to apply for a grant of probate from the Supreme Court to authorise you to manage the estate.
Letter of Administration:
In the event the deceased passed away without a will (died intestate) or if the deceased passed away with a will but no executor has been appointed, or the sole or all executors are unavailable or unwilling to act, you may apply for a grant of letter of administration if you are one of the statutory eligible spouse or relatives.
The application for a grant of probate or letter of administration is governed by a standard procedure by the Court. Depending on your circumstances and value of estate, the application process can be lengthy and complicated. Also, in certain circumstances, it may not be necessary to obtain a grant of probate or letter of administration in NSW. It is best advisable that you seek professional legal advice before you commence an application for a grant of probate or letter of administration.
If you have any question in relation to application for a grant of probate or letter of administration, or if you require any professional advice and assistance, please do not hesitate to contact us to speak to one of our experienced estate lawyers.
You may contest a will based on its validity. Usually validity of a will may be challenged on the basis of the following:
- Lack of testamentary capacity of the testator at the time of making the will, such as lack of mental capacity;
- The will was made under duress, undue influence or unconscionability;
- The will is not a true and accurate reflection of the testator’s final wishes and intentions.
Also, subject to the Succession Act, you may be entitled to contest a valid will and make a claim against the deceased’s estate, if:
- You are one of the statutory prescribed eligible person; and
- You have not received proper or adequate provision.
Contesting a will can be a complicated and stressful process, which can involve substantial amount of statements and evidence to prove your case. Our experienced estate lawyers can provide you advice and guidance along the way.
Our services to you:
- Provide detailed legal advice as to your eligibility and merits of your family provision claim;
- Assess your matter and documents thoroughly and prepare for your case;
- Prepare and lodge all your claim documents to Court in a timely manner;
- Commence and run for your family provision proceedings on your behalf.
Contact us now to see how our estate lawyers can assist you to contest a will.