Challenging Wills & Probate

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. We will also in most cases be prepared to take on your matter on a no win no fee basis. There is often a good chance of succeeding in challenging a Will. Our lawyers are equiped to deal with all estate matters including the most complex Supreme Court matters. We have a wealth of knowledge in relation to Supreme Court Litigation matters and can therefore provide accurate advice to your likelihood of success and also adopt the best strategy to ensure the best possible result.

Please contact our office on 02 9386 0470 should you wish to make an obligation free appointment with one of our solicitors.

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. Please enquire as to our reasonable fixed fees for obtaining probate on your behalf.

Should you require our assistance in this regard then we would be pleased to lodge and complete all required documentation in an efficient manner on your behalf in order to obtain Probate from the Supreme Court. We will also be able facilitate any transfer of property assets that may be required into the executor’s name and to any 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 fees rates for a standard Will. Contact us to learn more.