ESTATE LAW

Estate law deals with how your assets and possessions are distributed after you pass away.  Estate Law encompasses the legal framework that governs the distribution of a person's assets and liabilities upon their death. 

Estate law encompasses several key aspects:

• Wills: A legal document outlining how you want your assets distributed after your death.
• Intestacy: If you die without a valid will, the NSW intestacy laws dictate how your estate is distributed to your family.
• Testamentary Trusts: Special trusts established within your will to manage assets for beneficiaries.
• Power of Attorney: Assigning someone to make legal and financial decisions on your behalf if you become incapacitated.
• Enduring Guardian: Appointing someone to make medical and lifestyle decisions for you if you can't make them yourself.
• Probate and Administration: Probate is the legal process of proving and registering a will with the Supreme Court of NSW. It confirms the validity of the will and grants authority to the executor to administer the estate according to its terms. If there is no will, the court may grant Letters of Administration to a suitable person, empowering them to administer the estate in accordance with intestacy laws.
• Challenges to Wills: Sometimes, disputes may arise concerning the validity or contents of a will. Common grounds for contesting a will include lack of testamentary capacity, undue influence, and failure to provide for eligible beneficiaries. 

• Ensures your wishes are followed: A will allows you to control how your assets are distributed.
• Provides clarity for loved ones: Reduces confusion and potential conflict among beneficiaries.
• Minimises tax liabilities: Proper estate planning can help reduce inheritance taxes for your beneficiaries.
• Protects your dependents: You can designate guardians for minor children and manage assets for their benefit.

Navigating Estate Law can be daunting, especially during times of grief and loss. Our legal team is here to guide you through every step of the process. Here's how we can assist: 

• Drafting and Reviewing Wills: We can help you draft a comprehensive will that reflects your wishes and ensures compliance with NSW laws. We also provide will review services to ensure your existing will remains up-to-date and legally valid.
• Estate Planning: Whether you're concerned about minimising taxes, protecting assets, or planning for incapacity, we offer personalised estate planning services tailored to your unique circumstances and goals.
• Probate and Estate Administration: Our team can assist executors and administrators with the probate or administration process, ensuring all legal requirements are met efficiently and effectively.
• Will Disputes and Litigation: If you're involved in a will dispute or anticipate a challenge to a will, we can provide strategic advice and representation to protect your interests.
• Challenging a Will (Family Provision Claim): We can advise you if you believe you have not been adequately provided for in a deceased's will. If this is the case, you may challenge the distribution of the deceased person's estate and we're here to provide guidance and help you secure your rightful inheritance. 

• Estate Law in NSW is multifaceted, and seeking professional guidance is essential to ensure your wishes are honoured and your loved ones are provided for. 
• Whether you're planning your estate or dealing with the complexities of administering a deceased loved one's affairs, our legal team is here to provide expert assistance every step of the way. 
• The limitation period for bringing a Family Provision Claim in NSW is generally within 12 months from the date of the deceased's death. 
• Don't wait, contact us today to schedule a free consultation so we can help you secure your rightful inheritance or assist you with taking the necessary steps toward securing your legacy.