Wills & Probate

WILL DRAFTING

Wills are one of the most important documents that you will ever require to be drafted. 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 (including company shares).

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.

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.

CHALLENGING WILLS

A Will may be challenged under the Family Provisions 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, brothers, sisters, 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 conference (at no charge) in order to provide you with advice as to the likelihood of you being successful in challenging the Will. We will also in many 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 up to date with the latest cases being decided by the Supreme Court of NSW. We can therefore provide accurate advice to our client’s in relation to your likelihood of success.

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