Probate and Wills Services in NSW

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We understand that dealing with a deceased estate is one of the more difficult challenges in life. Our goal is to ensure that we support and guide you through to completion of your matter quickly, conveniently and with a minimum of stress to you.

Having an experienced team guide you through the probate process in NSW and helps Executor discharge his or her duties.

We can help you by:

  • Applying for a grant of probate of the Will in the Supreme Court
  • Interpreting the Will of the deceased in terms of estate laws
  • Advising executors and trustees in regard to their duties and rights
  • Informing government bodies including Centrelink and Veterans Affairs
  • Identifying estate assets and liabilities
  • Gathering estate assets including superannuation, bank funds, shares, outstanding loans, and insurance payouts after a grant of probate has been issued by the Court
  • Selling or transferring estate property including estate auctions
  • Paying estate debts including mortgages, funeral costs, and testamentary expenses
  • Distributing bequests and inheritances to beneficiaries
  • Contesting wills and defending estate litigation in the Supreme Court
  • Dealing with intestacy (where there is no Will)
  • Applying for Letters of Administration (if the Will is deemed invalid or is absent)

What Our Clients Say

Fantastic service, thanks for helping us John! Not an easy thing to think about and you really made it a pain free process.

Shaun

Wills / Estate Planning

ClickLaw’s Wills / Estate Planning will help:
  • Advise you in regard to estate and Probate laws
  • Write a will that maximises the inheritance for your family
  • Advise you in regard to choosing executors and guardians
  • Minimise the chance that your will is contested and subject to litigation
  • Safely store your will and other important legal documents
When considering your Will, we strongly recommend that you also prepare for any future incapacity through Power of Attorney and Guardianship documents, so that if you somehow become unable to make decisions about your medical treatment, finances or living arrangements, then these decisions can be made for you by those people you trust to make these decisions on your behalf in accordance with your directions in the documents.

Having a succession plan in place makes the transition easier for not only you, but also for your family or employees.

Estate planning goes beyond drafting a will – it includes:

  • assessment of assets
  • protection of assets
  • advice on the possibility of third party claims against the estate

A successful plan is made involving all family members as it will take into account not only provisions for your retirement income but also the plans, aptitudes and existing assets of younger generations.

Power of Attorney

There are three types of documents used in Queensland to appoint others to make certain decisions on your behalf:
  • General Power of Attorney
  • Enduring Power of Attorney
  • Advance Health Directive

General Power of Attorney

A general power of attorney is a legal document gives one or more people you nominate specific authority to make financial decisions on your behalf. This power to make decisions for you stops if you lose the capacity to manage your own affairs. This kind of power of attorney is most often used for commercial transactions.

Enduring Power of Attorney

An enduring power of attorney continues in the event that you can’t manage your affairs and covers both financial and personal or health decisions. If you have an accident or illness and can’t make decisions for yourself, the enduring power of attorney gives decision making power to the person you’ve nominated, so it’s a very important document for everyone, young and old alike. The kinds of decisions your attorney can make include:
  • financial attorney: paying bills, dealing with Centrelink, taxation, investments, legal matters and property management
  • personal/health attorney: your loving arrangements, your health care, your diet and dress
Who should I appoint to be my Attorney?
You need to appoint someone your trust to make the right decisions. You can appoint more than one person if you wish, and you can specify exactly how they make their decisions – jointly or separately. For financial decisions, make sure that the person you appoint has the necessary skills to deal with your finances.
Who should I talk to about it?
It’s really important that you discuss these documents with a lawyer who can give you professional advice about your particular circumstances. It’s also necessary for you to discuss your Advance Health Directive with your doctor, as they can explain the terminology involved. It’s also vital that you discuss your wishes with your family to avoid unnecessary conflict and stress.
Do I need a witness?
Yes, it’s really important that your signature is witnessed before lawyer, a notary public, a commissioner for declarations or a justice of the peace. Your witness cannot be your attorney, a relative or a relative of your attorney, a health care provider or paid carer. With an Advance Health Directive your witness cannot be a beneficiary under your will.
Can I change my mind?
Yes, as long as you still have the decision making capacity to do so you can revoke or change these documents. This has to be done in a legally binding way, however, so please seek legal advice.

Executors

Executor of Will?
Have you been chosen by a family member or friend to be the Executor of their Will? This means that you have been given responsibility to manage their estate according to the terms they’ve outlined in their Will and to protect their assets under the various laws and rules that govern estate administration in Australia.

Executor Duties

An executor’s duties may include responsibilities such as:
  • Organising the funeral, notices for the paper, flowers
  • Locating the Will
  • Obtaining a copy of the Death Certificate
  • Making sure any property and assets are safe and secure
  • Determining the value of assets
  • Applying for Probate
  • Paying insurance policies, debts and taxes
  • Collecting monies belonging to the deceased from financial institutions and insurance companies
  • Collecting debts owed to the deceased
  • Lodging tax returns for the deceased and for the estate
  • Selling properties and assets
  • Reporting to beneficiaries
  • Distributing the proceeds of the estate to beneficiaries
Setting up trusts
Being an Executor can be overwhelming, particularly when you are grieving, but rest assured we can guide you through.
Do Executors get paid?
It depends. If you are a beneficiary of the will it is presumed that your benefit will cover your costs. If you’re not a beneficiary then you can apply to the Supreme Court for commission.
Do I need a Lawyer?
Estates vary in complexity and Executor’s duties can be complicated, so it may be a good idea to get advice from a lawyer. The cost of legal advice is usually covered by the estate, not the Executors.
What is Probate?
Probate is recognition of the Will’s validity and permission from the Supreme Court for the Executors named in the Will of the deceased to carry out their duties in relation to the Estate. You will likely need a grant of Probate to deal with the assets of an estate, such as selling property and obtaining bank funds.
What if there is no Will?
This situation is referred to as intestacy and the law determines how assets will be shared out after debts have been paid. If you are the next of kin you can apply for Letters of Administration, which will give you authority to finalise the estate.
What if I’m not up to the job?
Just because you have been named an Executor doesn’t mean you have to accept the responsibility. If there is another Executor named, they can take on the whole of the job, or if you are the sole executor you can apply to the court to appoint someone else. You cannot change your mind later though – giving up the responsibility is final.

Membership

Member of Law Society of New South Wales

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