Wills & Probate Lawyers

Losing a loved one is a difficult time, however, having a Will in place can help your family by informing them of your wishes after you are gone. It can save them much stress and expense and ensure that they are looked after in accordance with your wishes. We can help you prepare a valid Will that takes account of your circumstances and provides clarity for your family. Our wills and probate lawyers in Sydney can also help with the administration and finalisation of an estate after a family member has passed away whether or not a valid will was made.

Making a Will

Your Will sets out how your assets should be divided between your beneficiaries after you die. It can also set out your funeral wishes and appoint trustees for your children’s share of your estate if you die while they are still minors. Generally, your Will appoints one or more executors who are responsible for administering your estate and following the wishes in your Will. If you die without leaving a Will, your assets will be distributed according to the relevant laws in your state.

To be valid, a Will must be prepared, signed, and witnessed in the correct manner (i.e. as legally prescribed by legislation). We can assist you with this. We can also advise you on which assets do not form part of an estate (and how to change this if preferred) and set up testamentary trusts which can help protect assets and vulnerable beneficiaries when you die.

Deceased Estate: Probate & Letters of Administration

If somebody dies leaving a Will, it is often a requirement that the Will be reviewed and approved by a court before the deceased person’s estate can be dealt with and distributed to the nominated beneficiaries. This is known as applying for a grant of probate. Typically, the executor of a Will retains a lawyer to make the application for probate to the Supreme Court. Legal fees and other costs associated with this process are usually paid for out of the estate and not personally by the executor.

If somebody dies without leaving a valid Will, the situation is known as intestacy. In such cases, there is generally a requirement that an application be made (usually by the next of kin, who will be known as the administrator) to a court for approval for the estate to be dealt with and distributed according to the laws of intestacy. This is known as applying for letters of administration.

With no Will to guide the estate distribution, the law determines who the beneficiaries will be. Administrators often retain a lawyer to make the application to the Supreme Court. Legal fees and other costs associated with this process are usually paid for out of the estate and not personally by the administrator.

Executors’ and Administrators’ Duties

An executor’s duties are governed by the deceased’s Will and by legislation. An administrator’s duties are governed by legislation alone. These responsibilities may include:

• organising the funeral and notices, etc.
• locating the Will
• obtaining a copy of the death certificate
• identifying and protecting the deceased person’s assets
• locating documents evidencing assets and liabilities, for example, title deeds, superannuation policies, outstanding bills, etc.
• liaising with and notifying service providers, government authorities, paying bills, debts and taxes
• lodging tax returns for the deceased and the estate
• selling properties and transferring assets
• distributing assets and reporting to beneficiaries
• setting up testamentary trusts if directed by the deceased’s Will

Administering an estate can be a challenging time for executors and administrators who will often need to deal with various parties and unfamiliar legal processes. We can help you navigate your responsibilities and provide advice and guidance to ensure the estate is distributed correctly and as efficiently as possible.

If you need assistance, contact [email protected] for expert legal advice.