Wills & Estate Lawyers Sydney

We know that matters surrounding the family can be quite an emotionally and financially daunting experience. Because of this, we place our first focus on alternative dispute resolution options, like mediation, so that you can resolve your matter as peacefully and efficiently as possible – without the need to take it to court.  

When creating a will, it’s important to include clear instructions for the distribution of your assets, the appointment of an executor, guardianship for minor children, and any specific wishes for your funeral or burial. You may also want to consider including provisions for the care of pets and any personal items of sentimental value. Consulting with a lawyer ensures that all important details are included. 

Choosing an executor is a critical decision in the estate planning process. Your executor should be someone you trust to carry out your wishes, manage your estate responsibly, and navigate any legal or financial complexities. It’s often advisable to choose someone with good organisational skills and integrity, and you may want to discuss your decision with them in advance to ensure they are willing to take on the role. 

If your will is contested, it means that someone is challenging its validity or the distribution of your assets. This can lead to legal proceedings that may delay the administration of your estate. To minimise the risk of your will being contested, it’s important to ensure that it is clearly written, properly executed, and reflective of your true intentions. Working with an experienced lawyer can help reduce the likelihood of disputes. 

You can update your will by creating a codicil, which is a legal document that makes changes to your existing will, or by drafting a new will entirely. It’s important to review your will regularly and update it as your circumstances change, such as after a marriage, divorce, the birth of a child, or significant changes in your assets.  

Setting up a trust in your will can be beneficial in certain situations, such as when you want to provide for minor children, protect assets from creditors, or manage how and when beneficiaries receive their inheritance. Trusts can offer more control over the distribution of your assets, but they also add complexity to your estate plan.  

An enduring guardian is someone you appoint to make personal or lifestyle decisions on your behalf if you lose the capacity to make those decisions yourself. This can include decisions about your healthcare, living arrangements, and other personal matters. Appointing an enduring guardian ensures that someone you trust will act in your best interests if you are unable to do so. 

For a will to be valid in NSW, it must be in writing and signed by the testator (the person making the will) in the presence of two witnesses, who must also sign the will. The testator must have the mental capacity to understand the nature and effect of the will and must do so voluntarily, without undue influence. It’s important to follow these requirements closely to ensure that your will is legally enforceable. 

To reduce the likelihood of your will being challenged, ensure that it is clearly written, addresses all your assets and beneficiaries, and follows all legal formalities. You may also consider including a “no-contest” clause or obtaining a medical certificate to confirm your mental capacity at the time of signing. Regularly updating your will to reflect changes in your circumstances can also help prevent disputes. 

If a loved one dies without a will, their estate will be distributed according to the rules of intestacy, which prioritise spouses, children, and other close relatives. As the next of kin, you may need to apply for Letters of Administration to manage the estate. It’s advisable to seek legal advice for this process, as the distribution can become complex depending on the size of the estate and the number of beneficiaries.