Wills & Estates
The only way you can ensure that your assets go to whom you want after you die is to make a will. A properly drawn will gives your family certainty, reduces the risk of a dispute and can save considerable cost and delay in administering your estate.
Making a will
A will should be reviewed whenever your circumstances change, for example on marriage, separation, divorce, the birth of children or grandchildren, or a significant change in your assets. We take the time to understand your family and financial circumstances, and we advise you on how to structure your will so that it does what you intend and is as resistant as possible to challenge.
If there is no will
If you die without a valid will you are said to die “intestate”. Your estate is then distributed according to a formula set out in the
Succession Act 2006 (NSW). That formula may not reflect your wishes, and it can leave partners, step-children and other people you care about without provision.
Powers of attorney and enduring guardianship
A power of attorney allows a person you trust to manage your financial and legal affairs if you are unable to do so. An appointment of enduring guardian allows a person to make decisions about your health care and lifestyle. We recommend that these documents be prepared at the same time as your will.
Probate and estate administration
When a person dies, the executor named in the will usually needs to obtain a grant of probate from the Supreme Court of New South Wales before the assets of the estate can be dealt with. If there is no will, an administrator must apply for letters of administration. We assist executors and administrators with the whole process, including collecting the assets, paying debts and distributing the estate to the beneficiaries.
What we do for you
We:
- Prepare wills, powers of attorney and appointments of enduring guardian;
- Advise on testamentary trusts and estate planning for blended families and business owners;
- Apply for probate or letters of administration; and
- Administer estates on behalf of executors and administrators.
