Wills and Estates
Wills and Estates
What it is: Wills & Estates covers preparing a valid Will, planning for incapacity through Powers of Attorney, and administering an estate after someone passes away including obtaining probate and handling disputes over an estate.
Who it helps: Anyone who wants control over what happens to their assets and who cares for their children, as well as executors and beneficiaries dealing with a deceased estate.
Common situations: preparing or updating a Will after a marriage, divorce, or birth of a child; appointing a Power of Attorney and Enduring Guardian; applying for probate or Letters of Administration; contesting a Will, or defending one against a family provision claim; and planning for blended families to reduce the risk of disputes.
Why professional advice matters: a Will that isn't properly signed and witnessed can be invalid, and dying without a valid Will (intestate) means the law not the person's wishes decides who receives what, under the Succession Act 2006 (NSW). Estate disputes are also common, and a well-drafted Will is the best protection against them.
Sedaro Legal prepares clear, legally sound Wills and estate planning documents, guides executors through the probate process, and represents clients in estate disputes with the aim of protecting family relationships wherever possible.
Do I need a lawyer to write a Will?
It's not a legal requirement, but it's strongly recommended. A Will that isn't properly signed, witnessed or worded can be found invalid, and even small errors can lead to disputes between family members after you're gone.
What happens if someone dies without a Will in NSW?
They're considered to have died ‘intestate,’ and their estate is distributed according to a fixed formula under the Succession Act 2006 (NSW) not according to what they may have wanted. This can mean unintended outcomes, particularly for blended families or unmarried partners.
What is probate and do I need it?
Probate is a court process that confirms a Will is valid and authorises the executor to deal with the estate's assets. It's generally required when the deceased owned property, significant bank accounts, or other assets that institutions won't release without it.
Can I contest a Will in NSW?
Yes, in certain circumstances most commonly through a family provision claim, where an eligible person such as a spouse, child, or in some cases a dependant, argues they haven't been adequately provided for. Strict time limits apply, generally 12 months from the date of death.
What's the difference between a Will and a Power of Attorney?
A Will only takes effect after you die and deals with your assets. A Power of Attorney takes effect while you're alive and lets someone you appoint make financial and legal decisions on your behalf if you're unable to, for example due to illness or injury.
How often should I update my Will?
As a general rule, review your Will after any major life event marriage, divorce, the birth of a child, a significant change in assets, or the death of an executor or beneficiary. Marriage automatically revokes an existing Will in NSW unless it was made in contemplation of that marriage.
Who should I appoint as executor of my Will?
Someone you trust to act responsibly and impartially often a spouse, adult child, or close family member and ideally someone willing and able to handle the administrative work involved. You can also appoint a professional executor if there's no suitable family member.
What happens to jointly owned property when one owner dies?
It depends on how the property is owned. If it's held as ‘joint tenants,’ the surviving owner automatically inherits the whole property, regardless of what the Will says. If it's held as ‘tenants in common,’ the deceased's share passes according to their Will, or intestacy rules.