Frequently Asked Questions

Here are some key reasons to make a Will:
1. Express Your Wishes: Clearly outline how you want your estate distributed.
2. Avoid Complications: Prevents potential costs, delays, and difficulties for your family in handling your estate.
3. Provide Fairly: Ensure all relevant family members, especially in blended families, are adequately provided for.
4. Minimize Disputes: Reduces the likelihood of disputes over your estate.

You have the freedom to choose anyone you trust as your Executor. This can include:

• Your spouse
• Children
• Friends
• Family members (such as siblings)
• Professionals (like your accountant or lawyer)

You can also appoint multiple Executors, and they can be beneficiaries of your estate.

Your Executor’s responsibilities include:

• Identifying all assets and liabilities of your estate.
• Obtaining a Grant of Probate if required.
• Paying off your debts.
• Distributing your estate according to your Will.
• Defending the Will if it is contested.

You can name anyone as a beneficiary in your Will, including:

• Spouse
• Children
• Grandchildren
• Friends
• Siblings
• Charities

Yes, children have the right to contest a Will if they believe they haven’t received adequate provision. They must make their claim within a set period and prove their eligibility and need.

A Will is a formal document that outlines your intentions regarding asset distribution. It is crucial because it legally recognizes your wishes. If a person not named in your Will wishes to receive something, it requires either agreement from the named beneficiaries or a Court Order.

Marriage can invalidate your existing Will. It’s important to seek legal advice and potentially update your Will to reflect your new circumstances.

A divorce will automatically revoke any gifts to your former spouse and any appointment of them as Executor.

The cost of preparing a Will varies based on its complexity and your specific needs. Simple Wills are less expensive, while more complex Wills may require additional work. We provide a quote after discussing your personal circumstances.

Our team offers thorough, personalized service, ensuring your Will reflects your intentions and advising on potential issues. We also offer secure storage of your Will at no extra cost and provide you with a copy for safekeeping.

Contest a Will:Legal action to address being left out or receiving an inadequate share.
Challenge a Will: Legal action to question the Will’s validity, such as the testator’s capacity or undue influence.

Seek legal advice promptly, as there are strict time limits for claims—12 months from the date of death in NSW. If you don’t have a copy of the Will, we can help you obtain it.

You can contest a Will only after the person’s death and within 12 months from the date of death. Claims outside this period are possible but require quick action.

Proceedings are brought before the Supreme Court of New South Wales. Often, disputes can be resolved through negotiation or mediation without a full court hearing.

Eligibility in NSW includes:

• Spouse
• De facto partner (including same-sex relationships)
• Children (including adopted)
• Former spouse
• Grandchildren (if dependent)
• Dependents and household members
• Those in a close personal relationship with the deceased

To make a family provision claim, demonstrate that you were not provided for adequately. The court considers:

• Your relationship with the deceased
• Obligations and responsibilities owed by the deceased
• Estate size and financial resources
• Your financial needs and disability
• Contributions to the deceased’s estate
• Provision made during the deceased’s lifetime
• Relevant laws and circumstances

Eligible individuals include:

• Named beneficiaries or those referred to in earlier Wills
• Surviving spouse, de facto partner, or child
• Parents or guardians of the deceased
• People entitled under intestacy
• Dependents or creditors
• Trustees or attorneys under enduring powers of attorney

Contact the Executor or the law firm holding the Will to request a copy.

A claim by an eligible person who has not received adequate provision under a Will or intestacy.

Yes, but it is more challenging as the Court has already validated the Will. It’s best to act before probate is granted.

A forged Will is grounds for challenging its validity.

Notional estate includes assets not strictly in the deceased’s estate but relevant for claims, such as jointly held property, superannuation, life insurance, or gifts made within three years of death.

As a biological or adopted child, you can contest a parent’s Will. Claims against a sibling’s Will are possible if you were dependent and lived with them during their lifetime.

Stepchildren can contest a Will if they lived with and were dependent on the deceased. Grandchildren can contest if they were dependent on their grandparent.

You can claim if you were a dependent or had a close personal relationship with the deceased, even if you weren’t a family relation.

Yes, if they are eligible and believe they haven’t been adequately provided for.

All assets owned solely by the deceased are part of their estate, regardless of whether they are specifically mentioned in the Will.

You can still claim against an estate regardless of your location. It’s best to work with a solicitor in the state where the deceased held their assets.

It refers to the community expectation that a person should provide financial assistance to certain individuals from their estate.

No, a power of attorney ceases upon death and cannot alter a Will.

The Court decides on the validity of a Will, but settlements can sometimes be reached outside of court.

Settlements can occur before, during, or after court proceedings, often through negotiation or mediation.

You can challenge a Will on grounds such as lack of capacity, undue influence, improper signing, or if the Will is not the last valid one.

Outcomes vary. We can provide a range of possible court orders once all evidence is reviewed.

Assets not directly in the estate but considered for claims include jointly held property, superannuation, and gifts made shortly before death.

Yes, as a child, or if you were dependent on a sibling. For stepchildren or grandchildren, dependency and close personal relationships are key factors.

Our specialized team can guide you through the complex legal process, provide expert advice, and manage the required documentation to contest or defend a Will effectively.