Wills & Estate Planning
Wills, powers of attorney, and comprehensive succession planning.
Protect your legacy and provide for your loved ones with comprehensive estate planning.
Who can make a will? In order to make a will in NSW, you must be over 18. A will made by a person under 18 is invalid unless made in contemplation of marriage that takes place, the minor is married, or the court has approved the will.
What are the formal requirements? Your will needs to be in writing (handwritten, typed or printed), signed by you, and witnessed by two or more witnesses (beneficiaries should not be witnesses). You must also have testamentary capacity - meaning you know the legal effect of a will, are aware of your assets, aware of those who would normally benefit, and are not prevented by mental illness from making a rational decision.
Your will should contain: The names of individuals, trusts and charities you want to benefit, instructions on how you would like assets divided between beneficiaries, and any specific instructions about how you would like your life celebrated.
When should you update your will? Review your will as circumstances change: marriage, starting a de facto relationship, arrival of children or grandchildren, separation or divorce, if a beneficiary dies, retirement, or when you buy or sell significant assets.
What does an executor do? The executor carries out your wishes after death: finding the will, arranging disposal of the body, obtaining death certificate, ascertaining assets and liabilities, obtaining probate if required, paying debts and taxes, and distributing assets according to the will.
We also handle: Powers of Attorney, Enduring Guardianship, Probate applications (we guide clients through the process with our online probate form), and Estate administration.
Probate: Probate is an order from the Supreme Court stating that a will is valid and the executors have the right to collect and administer the estate. Probate will be necessary if the deceased died owning real estate (except if owned as joint tenants).