Why You Might Need a Wills & Estate Planning Lawyer
In this world, nothing is certain except death and taxes. And the fact that New South’s Wills & Estate Planning lawyers are some of the best in the profession.
Empower yourself – and ensure your loved ones are prepared for a life without – by minimising the distress of death and getting your affairs in order now with a professional will.
Our Wills, Estate Planning & Probate Legal Services
Writing a will is one of the best ways to protect your entities, following your death. Our Wills & Estate Planning Lawyers can help you prepare the legal documentation that covers who receives your assets. Enquire in confidence.
Estate planning refers to process of arranging for the management and disposal of that person’s estate during his or her life, in the event the person becomes incapacitated and after death. It is designed to ease the challenges on family members and loved ones from having to make difficult choices when you die. Our Wills & Estate Planning Law team can help with this.
A trust fund is a legal tool that is used to place assets into an account to be held by another person – with the ultimate intention of benefiting a third party (other than the original owner). Essentially, instead of going from owner to beneficiary, assets go from owner to the trust fund, and then to the beneficiary at a later time. If you require the support to establish a trust fund it’s important to understand the role of all parties involved, including your own. Are your rights protected? Reach out to find out.
Australian law allows you to challenge a will, however, it’s important to act quickly if disputes arise because it can be difficult to contest once the assets have been distributed. You have rights. Chat to our Wills & Estate Planning Lawyers to find out yours.
A power of attorney is a legal document that allows you to appoint a person(s) to manage financial and legal decisions on your behalf, such as signing legally binding documents; operating bank accounts; buying and selling real estate and managing investments. A Power of Attorney becomes vital in instances where you may suffer from temporary or permanent loss of capacity due to illness, injury or disability. Otherwise, a court or tribunal may appoint someone to manage your finances. To establish a binding Power of Attorney, contact us.
While a Power of Attorney focuses on financial and legal decisions, guardianship refers to the right of a third party (a guardian) to make healthcare, lifestyle and medical decisions on behalf of a person who lacks decision-making ability. If you require the establishment of a guardian, get help now.
If you are a business owner, our Wills & Estate Planning Lawyers can help you establish and implement legal strategies that will safeguard your wealth in instances of unfortunate circumstances. We can help you choose the right business structure, transfer assets to spouses’ names, and establish trusts or other entities to protect your assets. Reach out to learn more.
There are a number of avenues that individuals may use to contest a will should they feel unjustly excluded from it. Find out how our Wills & Estate Planning Law team can help you.
Probate is a legal process where the Supreme Court certifies that: A person has passed away (the deceased). The deceased left a valid will. The executor(s) named in the will have the authority to administer and finalise the deceased’s estate. Instances where you might need a grant of probate, including accessing the funds in a super account or making a life insurance claim; if the person passed has many shares with a company; or if the person who passed was the sole owner of real estate (a grant of probate might be necessary to transfer ownership). Enquire in confidence.
The administration of an Estate involves the collection and distribution of the assets and payment of liabilities of a deceased person in accordance with their will or the law. Wills & Estate Planning legal advice is often required to understand the rights of the different parties involved in the administration. (For example, an executor has the authority to carry out the deceased person’s wishes after they have passed away, while someone who holds Power of Attorney has the authority to make decisions on their behalf while they are alive.) Ask us for advice.
Feel like you have been unjustly left out of the will of a loved one? A family provision claim refers to the process of making an application to the Supreme Court of New South Wales for a share (or a larger share) of a deceased person’s estate. You can make a family provision claim if you are an ‘eligible person’, and have been left out of a will, or did not receive what you thought you were entitled to receive. You have rights. Find out yours.
Whether you are named as the sole executor on a will, or are writing a will and would like to list one of our legal experts as an executor to administer your estate, New South Lawyers’ Wills & Estate Planning Lawyers can help with this.
Who Our Wills & Estate Planning Lawyers Help
Our Wills & Estate Planning Lawyers assist private individuals and families at every stage of life, including those preparing their first will, reviewing existing estate plans, planning for the future of their loved ones, managing complex family arrangements, or seeking guidance with probate and estate administration. We provide practical legal advice tailored to your circumstances to help protect your interests and give you peace of mind.
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Frequently Asked Questions About Wills & Estate Planning
A wills and estate planning lawyer helps individuals and families prepare legally valid wills, establish estate plans, create powers of attorney and guardianship documents, advise on asset protection strategies, and assist with probate and estate administration matters.
While you can prepare a will without legal assistance, engaging an experienced wills lawyer can help ensure your will is legally valid, clearly reflects your wishes, and reduces the risk of future disputes or unintended outcomes.
If you die without a valid will, your estate will generally be distributed according to the intestacy laws of New South Wales. This means your assets may not be distributed in the way you intended.
Yes. Certain eligible persons may be able to challenge a will through a family provision claim if they believe adequate provision has not been made for their proper maintenance, education, or advancement in life. A will can also be contested if the testator lacked testamentary capacity when they made the will or if there is fraud involved when the will was made.
Probate is the legal process through which the Supreme Court confirms the validity of a deceased person’s will and authorises the executor to administer the estate. Whether probate is required depends on the nature and value of the assets involved.
A Power of Attorney generally allows someone to make financial and legal decisions on your behalf, while Enduring Guardianship enables a trusted person to make healthcare, medical, and lifestyle decisions if you lose decision-making capacity.
You should review your will regularly and after major life events, including marriage, divorce, the birth of children or grandchildren, acquiring significant assets, or changes to your personal or financial circumstances.
An executor can be a trusted family member, friend, professional adviser, or solicitor who is willing and capable of carrying out the responsibilities involved in administering your estate.
A family provision claim is an application made by an eligible person seeking a share, or a larger share, of a deceased person’s estate where they believe adequate provision has not been made for them under the will.
Estate planning helps ensure your assets are distributed according to your wishes, provides certainty for your loved ones, minimises the risk of disputes, and allows appropriate arrangements to be made if you lose capacity to manage your affairs.