Clear answers to common questions
about wills, estates, family & contract law.

Call us on 1300 344 960, email [email protected], or use the chat on this page to message our office manager directly. New clients receive a free 30-minute consultation — in person at our Bondi Junction office or by phone.

We listen first. You'll explain your situation, share any documents you have, and we'll give you a candid view of your options, the likely strategy, indicative costs, and how long the matter should take. You leave with a clear picture of what's involved — and no obligation to proceed.

Fees depend on the complexity and scope of your matter. Wherever possible we work on a fixed-fee basis so you know the cost upfront — particularly for Wills, probate and standard contract work. For litigation and contested estates we provide a written costs agreement and regular updates. Eligible inheritance disputes may be run on a No Win, No Fee basis.

Open, honest and regular. You'll have a direct line to George.

A Will is a legal document that sets out how your estate is managed and distributed after your death. It names your Executor (the person who administers your estate) and your beneficiaries (who receives your assets). In NSW, a valid Will must be in writing, signed by you, and witnessed by two adults.

A Will lets you control what happens after you're gone. Without one, NSW intestacy rules decide for you — and the result rarely matches what families actually want.

• Express your wishes — clearly direct how your estate is distributed
• Avoid delays and costs — intestacy can take significantly longer to resolve
• Provide fairly — particularly important for blended families and stepchildren
• Minimise disputes — a properly drafted Will reduces the risk of contested estate claims
• Appoint guardians — nominate who cares for your minor children

Anyone you trust who is over 18 and of sound mind. Common choices include:

• Your spouse or de facto partner
• Adult children
• Trusted friends or family members
• Professionals — your accountant or solicitor

You can appoint more than one Executor, and Executors can also be beneficiaries. We usually recommend appointing a backup Executor in case your first choice can't act.

Your Executor's role is to wind up your affairs and carry out your Will. That typically includes:

• Locating the original Will and registering the death
• Identifying all assets and liabilities of the estate
• Applying for a Grant of Probate from the NSW Supreme Court where required
• Paying debts, funeral expenses and tax
• Distributing the estate to beneficiaries
• Defending the Will if it is contested or challenged

You can leave your estate to almost anyone — a spouse or partner, children, grandchildren, other family, friends, charities, or a trust. You can leave specific gifts (a sum of money, a property, an item) or a share of the residue. Beneficiaries can also be Executors.

Yes. Children — including adopted and adult children — are eligible persons under the Succession Act 2006 (NSW) and can bring a family provision claim if they believe they haven't received adequate provision. Claims must usually be made within 12 months of the date of death. The court considers their financial need, the size of the estate, and the relationship with the deceased.

A Will is still the strongest expression of your intentions and the starting point for any dispute. Without a Will, intestacy rules apply automatically — and your estate may go to people you wouldn't have chosen. A properly drafted Will also makes successful challenges harder and gives your Executor clear authority to defend it.

Marriage automatically revokes a Will in NSW, unless the Will was made in contemplation of that marriage. If you've recently married or are planning to, you should update your Will straight away.

Divorce automatically revokes any gift to your former spouse and any appointment of them as Executor — but the rest of the Will remains valid. Separation alone does not have the same effect, so if you've separated but aren't yet divorced, you should update your Will immediately.

A simple Will at Simons George Legal starts at a fixed fee discussed in your free 30-minute consultation. More complex Wills — those involving testamentary trusts, business interests, blended families or international assets — are quoted individually after we understand your circumstances. You'll receive a written quote before any work begins.

Principal George Paltos is an expert in NSW Wills and estates, with decades of experience drafting Wills that hold up under challenge. Every Will is structured to minimise the risk of a later contest. We offer fixed fees wherever possible, free secure storage of your original Will, and a digital copy for your records — at no extra cost.

The two are different.

• Contest a Will — a family provision claim by an eligible person who has been left out or received inadequate provision. The Will is still valid; you're asking the court for a fairer share.
• Challenge a Will — an attack on the Will's validity itself, on grounds such as lack of testamentary capacity, undue influence, fraud, or improper signing.

Get legal advice quickly. NSW has a strict 12-month time limit from the date of death for family provision claims. Acting earlier — ideally before probate is granted — gives you more options. If you don't have a copy of the Will, we can help you obtain it from the Executor or the firm holding it.

You can only contest a Will after the person has died, and you must usually file your claim within 12 months of the date of death. Late claims are possible but require leave of the court and a good reason for the delay — they're harder, slower and more expensive to run.

Proceedings are brought in the Supreme Court of New South Wales. Most disputes settle through negotiation or court-ordered mediation without going to a full hearing. The process usually involves: initial advice and eligibility review, a formal letter of claim, exchange of evidence (financial and relational), mediation, and — if needed — a hearing.

Under the Succession Act 2006 (NSW), eligible persons include:

• A current spouse
• A de facto partner (including same-sex partners)
• Children, including adopted and adult children
• A former spouse
• Grandchildren who were wholly or partly dependent on the deceased
• Members of the deceased's household who were dependent
• A person in a close personal relationship with the deceased at the time of death

To succeed in a family provision claim you need to show that you weren't adequately provided for. The court weighs:

• Your relationship with the deceased
• Obligations the deceased owed to you
• The size and nature of the estate
• Your financial resources and needs (now and future)
• Any physical, mental or intellectual disability
• Contributions you made to the deceased's estate or welfare
• Provision already made during the deceased's lifetime
• The conduct of the parties

You can request a copy of the Will from the Executor or the law firm holding the original. Under section 54 of the Succession Act, certain people are entitled to inspect or receive a copy, including:

• Named beneficiaries (and beneficiaries under earlier Wills)
• The surviving spouse, de facto partner, or child
• Parents or guardians of the deceased
• Persons entitled on intestacy
• Creditors with a claim against the estate
• Attorneys under an enduring power of attorney

Once probate is granted, the Will becomes a public document and a copy can be obtained from the NSW Supreme Court Registry.

A family provision claim is an application by an eligible person under the Succession Act 2006 (NSW) seeking a greater share of an estate on the basis they were not adequately provided for in the Will (or under intestacy). It is the most common type of estate dispute in NSW.

Yes — but it's harder. Once probate is granted, the court has effectively validated the Will, and you'll need to apply to have the grant revoked. Wherever possible, raise a challenge before probate is granted by lodging a caveat with the Supreme Court Registry.

A forged or fraudulent Will is invalid. Evidence usually includes signature comparison by a forensic document examiner, witness testimony, and circumstantial evidence (such as inconsistencies in the document or the timing of its creation). Forgery is serious — if proven, the Will is set aside and an earlier valid Will or intestacy rules apply.

As a biological or adopted child you are automatically an eligible person and can contest a parent's Will. Claims against a sibling's estate are possible only if you were a dependent or lived as part of their household. Eligibility is assessed on the facts of the relationship, not just the title.

Stepchildren are not automatically eligible — but they can contest if they lived as a member of the deceased's household and were wholly or partly dependent on them. Grandchildren are eligible if they were wholly or partly dependent on their grandparent. Both categories need to show actual dependency, not just a family relationship.

Yes, if you were in a close personal relationship with the deceased at the time of death, or you were wholly or partly dependent on them. This category often applies to long-term carers, partners in non-traditional living arrangements, and close lifelong friends who shared a household.

Yes. Being named in a Will doesn't stop you from contesting it if you believe your share is inadequate, provided you are an eligible person. Beneficiaries sometimes bring family provision claims to receive a larger share — for example, an adult child left a token amount.

Assets owned solely by the deceased form part of the estate regardless of whether they are listed in the Will. Some assets — jointly owned property, superannuation, or assets held in a trust — may sit outside the estate but can sometimes be brought back in as notional estate (see next section).

You can still bring a claim against a NSW estate even if you live interstate or overseas. Most of the process can be handled remotely — by phone, email and video. Mediation and court appearances may require a representative to attend in person, which we can manage on your behalf.

"Moral obligation" reflects the community standard that a person should make adequate provision for those they had a duty to support — typically a spouse, dependent children, or someone who relied on them financially. It is one of the lenses the court applies when deciding whether the deceased's Will made proper provision for the claimant.

Most NSW estate disputes settle before a final hearing — typically at mediation or in informal settlement negotiations. Only the validity of a Will or the final terms of provision require a court decision. Settlement is usually faster, cheaper, and gives the parties more control over the outcome.

Settlements can be reached at any stage — before proceedings are filed, during the court timetable, or at mediation. The Supreme Court of NSW orders most family provision matters to mediation before a hearing. A negotiated settlement is documented in terms of settlement and made binding by court order or deed.

Common grounds for challenging the validity of a Will include:

• Lack of testamentary capacity — the deceased didn't understand what they were signing or its effect
• Undue influence — they were pressured into making the Will
• Lack of knowledge and approval — they didn't understand the contents
• Improper execution — the Will wasn't signed and witnessed correctly
• Fraud or forgery
• A later valid Will exists that revokes the earlier one

If the challenge succeeds, the Will is set aside and either an earlier valid Will or NSW intestacy rules apply.

Outcomes vary widely and depend on the size of the estate, your financial position, the position of other beneficiaries, and the strength of your eligibility. Once we've reviewed the Will, the estate inventory and your evidence, we can give you a realistic range of likely outcomes — before you commit to proceedings.

Our team handles the entire process: assessing your eligibility and prospects, gathering evidence, preparing court documents, conducting negotiations and mediation, and — if needed — running the hearing. We also defend Wills on behalf of Executors and beneficiaries who want to uphold the estate plan.

"Notional estate" is a NSW-specific concept that lets the court treat certain assets as part of the estate for the purpose of a family provision claim — even if they're not technically owned by the deceased at death. It commonly captures:

• Jointly held property (the deceased's share)
• Superannuation and life insurance proceeds paid to a non-dependant
• Assets transferred into a trust or company controlled by the deceased
• Gifts made within three years of death (sometimes longer)

Notional estate orders allow the court to make adequate provision for an eligible claimant even when the actual estate has been deliberately depleted.

It is the community expectation that someone with the means should provide for those who relied on them — typically a spouse, dependent children, or a long-term partner. Courts use it as a benchmark when deciding whether the deceased's Will made proper provision for an eligible person.

No. A Power of Attorney ceases at the moment of death and gives the attorney no authority to alter, amend or override a Will. The Executor named in the Will takes over from that point. A Power of Attorney is only effective during the principal's lifetime.

Australia is a no-fault divorce jurisdiction — you don't need to prove wrongdoing, only that the marriage has broken down irretrievably. The legal test is that you've been separated for at least 12 months. You can be separated under one roof, but you'll need supporting evidence and a witness affidavit. Divorce is governed by the Family Law Act 1975 (Cth).

• Your marriage certificate (an official copy)
• Photo ID
• Proof of Australian citizenship, residency or domicile (if not born here)
• Evidence of 12 months separation
• Filing fee (or fee reduction application)

Before granting a divorce, the court must be satisfied that proper arrangements are in place for any children under 18. You don't need a formal parenting agreement, but you should be able to set out the practical arrangements — who they live with, how they spend time with each parent, and how decisions are made.

Property settlement is a separate process from the divorce itself. Where possible, reach an agreement with your former partner — formalised in consent orders or a binding financial agreement. If you can't agree, you must apply to court for property orders within 12 months of the divorce being finalised. After that, you need the court's permission to apply.

Typically 3–4 months from filing to final divorce order. The court schedules a hearing 2–3 months after the application is filed. If there are no children under 18, you may not need to attend. The divorce becomes final one month and one day after the hearing, assuming the order is granted.

Australian family law focuses on the best interests of the child and maintaining a meaningful relationship with both parents (where safe). The old language of "custody" and "access" is no longer used. The key practical questions are:

• Who will the children live with?
• How will they spend time with each parent?
• How will both parents share decisions about education, health and religion?

Shared parental responsibility means both parents have authority over major long-term decisions affecting the child — schooling, medical treatment, religion, and where the child lives. It does not automatically mean equal time. The court considers shared responsibility separately from how time is divided.

No. The court's overriding concern is the child's best interests and safety. Equal time is only ordered if it is both reasonably practicable and in the child's best interests. Factors include the age of the child, the distance between parents' homes, each parent's capacity to care, and the child's relationships and views.

Get legal advice early so you understand your options. Document what you'd like the arrangements to look like — schedules, school holidays, special occasions. If your former partner agrees, we can formalise it through consent orders without going to court. If you can't agree, you'll generally need to attempt family dispute resolution (mediation) before applying for parenting orders, unless there are safety concerns.

A family lawyer helps you understand your rights and entitlements, negotiates effectively on your behalf, drafts watertight agreements, and represents you in court if needed. The right advice early on usually saves money — and protects relationships — by avoiding decisions you'd otherwise have to undo later.

A contract is legally binding in NSW when five elements are present:

• Offer — one party makes a clear proposal
• Acceptance — the other party accepts on the same terms
• Consideration — something of value is exchanged (money, goods, services or a promise)
• Intention — both parties intend to be legally bound
• Capacity — both parties are legally capable of contracting

Contracts can be written, oral, or implied by conduct — but certain contracts (such as those for the sale of land) must be in writing under NSW law.

Yes — particularly for high-value or long-term agreements. A lawyer identifies one-sided clauses, unfair termination terms, hidden liabilities, and risks you may not see. A short contract review is one of the cheapest forms of legal advice and the most likely to save you significant money later. We offer fixed-fee contract reviews for most standard agreements.

Drafting means building the contract from scratch to reflect your commercial position — useful when you control the deal terms. Reviewing means analysing a contract someone else has drafted, flagging risks, and negotiating amendments. Most disputes we see come from people signing contracts that were drafted entirely for the other side's benefit, without review.

A sale of business agreement is the contract that transfers ownership of a business from a seller to a buyer. It covers the purchase price and payment terms, what's included (assets, goodwill, stock, IP, lease, staff), warranties and representations, restraint of trade, and any transitional support. It's one of the highest-stakes contracts most people will sign — review by a lawyer is essential on both sides.

If the other party breaches the contract, you generally have a right to one or more of the following remedies, depending on the type and seriousness of the breach:

• Damages — compensation to put you in the position you'd have been in if the contract had been performed
• Specific performance — a court order requiring the other party to carry out the contract
• Injunction — stopping the other party from doing something
• Termination — ending the contract and walking away
• Restitution — recovering money or property already transferred

The right remedy depends on the contract, the nature of the breach, and the loss caused.

Sometimes — but it depends on the circumstances. Common grounds for setting aside or terminating a contract include:

• Misrepresentation — you were given false or misleading information
• Unconscionable conduct — the other side took advantage of a serious disadvantage
• Duress or undue influence — you were pressured into signing
• A statutory cooling-off period — some contracts (like residential property sales) give you a short window to withdraw
• Breach by the other party — a serious breach can entitle you to terminate

Get advice quickly. The earlier you act, the more options you usually have.