Wills and Estates Lawyers for Burwood
An estate plan for a Burwood apartment owner needs more than a list of intended gifts. Monardo Legal examines how assets are held, who could manage decisions during incapacity and what an executor may need to do after a death, with appointments at the Ashfield office.
Wills for Burwood apartment owners and families
A will records instructions for assets forming part of an estate and appoints an executor to carry out the administration. A jointly owned strata lot may pass outside the will, depending on the form of ownership. Superannuation may also be dealt with separately under fund rules and any effective nomination. Checking those arrangements helps avoid assuming one document controls every asset.
Planning during life can involve an enduring power of attorney for financial affairs and an enduring guardianship appointment for specified personal or health decisions. These documents serve different purposes from a will and require careful consideration of who is appointed and what authority is given. An intended representative should understand the responsibility before agreeing to act.
After a death, an apartment can leave an executor dealing with ongoing levies, insurance, mortgage correspondence and the practical security of the premises. Estate administration requires an orderly assessment of authority, liabilities and beneficiaries before property is distributed. A plan for meeting continuing expenses can be important while the required documents are assembled.
How we can help
- Wills reflecting apartment ownership
- Enduring powers of attorney
- Enduring guardianship appointments
- Probate applications and executor duties
- Intestacy and letters of administration
- Estate assets, debts and distributions
Read our complete Wills & Estate Planning service information.
Probate and estate administration
Locate documents and authority
Locate the original will and identify the appointed executor. Assess whether a grant of probate is required; if there is no will, consider who may seek letters of administration.
Identify and collect the estate
Establish which bank accounts and interests in the apartment belong to the estate. Obtain the authority needed to collect assets and maintain records of income, expenses and correspondence.
Address debts before distribution
Assess outstanding debts and administration costs before paying beneficiaries. Consider whether the apartment should be transferred or sold, and document the proposed distribution or sale.
Burwood residents and executors can contact Monardo Legal on (02) 8006 5244 to discuss planning or administration documents. The meeting address is Unit 1 / 534 Parramatta Road, Ashfield NSW 2131; there is no Burwood office. Office hours are Monday to Friday 9:00 am–5:00 pm. Tell the team whether you are making your own arrangements or dealing with someone else's estate.
Frequently asked questions
Will my jointly owned apartment pass under my will?
That depends on how the title is held and the applicable circumstances. Joint tenancy and tenancy in common can have different consequences on death. A title review is needed before assuming an apartment interest will pass to a beneficiary named in a will.
Does naming someone in my will direct my superannuation?
Not necessarily. A superannuation fund may determine payment under its rules and any valid nomination rather than the wording of your will alone. Review the fund's arrangements alongside estate documents so intended gifts are not based on an assumption about who receives that benefit.
Can the same person manage finances and personal decisions?
You may wish to appoint the same person, but the financial role under an enduring power of attorney is distinct from the personal or health role of an enduring guardian. Suitability, willingness, authority and the formal requirements for each appointment should be considered separately.
What should an executor do if the original will cannot be located?
Record the searches already undertaken and enquiries made of likely document holders. A copy or recollection should not be treated as resolving authority to administer. Advice is needed about further evidence and the appropriate application before assets are dealt with as though a grant has been obtained.
Can beneficiaries receive the apartment before estate debts are known?
Early distribution can expose an executor or administrator to risk if liabilities or claims remain unresolved. Establish the estate's financial position and necessary administration steps first, then obtain advice about timing, any proposed transfer and the funds needed to meet continuing obligations.
Lawyers who can assist
Related local services
- Estate-planning service details — Explore the wider range of planning and administration work.
- Ashfield estate guidance — Consider additional questions for executors and people reviewing a will.
- Burwood apartment transfers — Discuss the legal transaction if estate administration involves real property.
Related legal services
Visit Monardo Legal at 534 Parramatta Road, Ashfield NSW 2131 or call (02) 8006 5244.