Challenging Wills

A Will may be challenged under the Succession Act (NSW). There are a specific class of “eligible persons” that have the right under this Act to challenge a Will. This class of persons includes a deceased person’s spouse (husband, wife or de facto), children, parents and step-children, amongst others.

If you have been left out of a Will or not provided for properly in a Will, we would be pleased to provide you with a free initial assessment of your claim in order to provide you with advice as to the likelihood of you being successful in challenging the Will and obtaining a monetary decision or settlement in your favour. You may also wish to seek further provision from an estate, if, for example, you have been provided with an inheritance but it is not adequate enough for your needs. Provision is the legal word which means providing for somebody by leaving them property, money or other assets.

We will also in most cases be prepared to take on your matter on a no win no fee basis. There is often a very good chance of succeeding in challenging a Will and obtaining provision or further provision. Our lawyers are well equiped to deal with all estate matters and we also work in conjuction with the top and pre-eminent wills and estates barristers including Senior Counsel (“SC”) and now Kings Counsel (“KC”). Our expertise combined with the expertise of our barristers mean that we can provide accurate advice regarding your likelihood of success and also adopt the best strategy to ensure the best possible monetary outcome.

Please contact our office on 02 9386 0470 or email us at staff@nglawyers.com.au should you wish to gain further information or make a free initial appointment with one of our professionals.

Probate

Probate is the process whereby the Supreme Court of NSW grants legal authority to the executor under a Will to administer the estate of a deceased person. The executor is then able to legally act in order to distribute the assets of the estate to the beneficiaries under the Will. An application is required to be lodged with the Supreme Court and affidavit evidence is required to be filed in Court together with a Summons. There are also a number of other steps that are required to occur in any given Probate Application. Our lawyers are highly experienced in undertaking all of the necessary steps to obtain probate in a professional and efficient manner.

Please do not hesitate to contact our office to receive a fixed quote on obtaining a grant of probate from the Supreme Court on your behalf. We will also be able facilitate the transfer of property assets and shares that are required to be transferred into the executor’s name and to the beneficiaries under the Will.

Drafting Wills

Wills are one of the most important documents that you will ever require. Our lawyers are experienced in Will drafting and take meticulous care when it comes to drafting your Will in order to make sure that your testamentary wishes are fulfilled. Our lawyers are experienced in drafting a variety of Wills from “simple” Wills to more complex Wills involving testamentary trusts and involving numerous assets classes. We have reasonable fixed fee rates for a standard Will. Please Contact us to learn more.