5 Common Myths About Wills and Probate
In the realm of estate planning and administration in New South Wales, wills and probate are often subjects of misconceptions and misinformation. This guide aims to dispel some of the most common myths surrounding these critical legal processes. Understanding the truths behind these myths and misconceptions is essential for anyone navigating estate planning, ensuring assets
5 Common Misconceptions & Myths About Contesting a Will
The process of contesting a will is often misunderstood, with many myths and misconceptions about wills circulating in public discourse. This guide by Empower Wills & Estate Lawyers aims to address and clarify these misconceptions, particularly common in estate planning and family provision cases, and provide accurate insights into the legal practice of contesting wills.
Understanding the Appeals Process in NSW
The appeals process in NSW provides a pathway for challenging court decisions, ensuring justice is served fairly. This guide by Empower Wills & Estate Lawyers explains the steps involved in appealing from Local Courts to higher courts in NSW. Understanding this process is crucial for anyone involved in court proceedings who may need to lodge
A Guide to the Probate Process in NSW
In New South Wales (NSW), navigating the probate process is a crucial step in managing the affairs of a deceased person. This guide aims to demystify the steps involved in obtaining a grant of probate in NSW, a legal process overseen by the Supreme Court of NSW. Whether you’re an executor or a beneficiary, understanding
A Guide to the Supreme Court of NSW
Welcome to your comprehensive guide on the Supreme Court of New South Wales (NSW) by Empower Wills & Estate Lawyers. As the highest court in the state, the Supreme Court plays a crucial role in NSW’s legal landscape, handling a range of complex civil and criminal cases. This guide will provide essential information about the
How Long Does Probate Take in NSW?
A Brief Overview of Probate in NSW In NSW, a named executor may apply to the Supreme Court for a grant of probate. If granted, the grant of probate will give the executor the legal authority to administer and distribute the deceased estate in accordance with the terms of the deceased’s will. Executors must apply
Making a Will in NSW
Legal Requirements for Making a Will in NSW Having a valid and up-to-date will is a way to best ensure your estate is distributed according to your wishes. In NSW, for a will to be valid: it needs to be in writing. be executed in accordance with the formal requirements, be made by a will-maker
Apply For a Grant of Probate NSW
What is The Purpose of a Grant of Probate? A grant of probate in New South Wales is a court order issued by the Supreme Court which gives the person named as executor power to administer the estate and distribute the estate pursuant to the terms of the deceased’s will. A grant of probate is
Your Role as the Executor of a Will in NSW
What Is Your Role as an Executor of a Will in NSW? An executor’s role is to carry out the wishes of the deceased by administering and distributing the estate in accordance with the terms of the deceased’s will. An executor obtains the power to administer an estate through a grant of probate. A grant
The Jury System in NSW: Selection, Responsibilities, and Challenges
Embarking on an exploration with Empower Wills & Estate Lawyers into the crux of the Jury System in New South Wales (NSW), we delve into a fundamental component of the justice system. From the selection of individuals designated to deliberate on pivotal decisions to the intricate responsibilities they uphold and confronting the challenges and criticisms
The Role of Evidence in NSW Legal Proceedings
Navigating through the legal pathways of New South Wales (NSW), one encounters the crucial impact evidence has in sculpting the outcomes of legal proceedings. The canvas upon which legal proceedings are painted is richly detailed with various forms of evidence, each meticulously scrutinised and presented to prove a case paving the way towards justice. This
Legal Ethics and Professional Responsibility in the NSW Legal System
Legal ethics and professional responsibility stand as the cornerstones that uphold the integrity and credibility of the New South Wales (NSW) legal system. In this discussion brought to you by Empower Wills & Estate Lawyers, we embark on a succinct exploration of these fundamental concepts, peeling back layers to reveal the pivotal role of ethical
Behind the Bench: The Appointment and Role of Judges in NSW
In the complex tapestry of the legal system in New South Wales (NSW), judges play a pivotal role in maintaining order, interpreting law, and delivering justice. Understanding the structure of the judiciary and the nuanced process through which judges are appointed offers a lens into the foundational underpinnings of legal administration in NSW. This post
Legal Reforms in NSW: A History and Future Outlook
Embarking on a journey through the evolving legal landscape of New South Wales (NSW), Empower Wills & Estate Lawyers invites you to explore the compelling history and future outlook of legal reforms in the state. From historical shifts to future anticipations, we delve into how the NSW legal system has adeptly navigated the balance between
How Often Should I Update My Will and Estate Plan
Why Would I Need To Update My Will and Estate Plan? It is important to update your will and estate planning documents regularly to best ensure they are legally valid and up-to-date. Having a will is the best way to ensure you have a say on who benefits from your estate after your death. Where
What is Probate of a Will in NSW
What Is Probate in NSW? Probate is the process involving the administration and distribution of a deceased estate. One of the first steps in the probate process is to apply for and obtain a Grant of Probate, which is a court order confirming the validity of the deceased’s will and which gives the executor authority
Estate and Probate Lawyers Sydney: Empower Wills and Estate Lawyers
Probate & Administration in NSW In New South Wales, when a person dies, the executor, administrator or legal personal representative of the deceased estate is usually required to apply for Probate or Letters of Administration and comply with the applicable succession and estate laws before distributing the estate to the beneficiaries. Each State and Territory
Challenging a Will on the Grounds of Fraud
When a will is challenged on the grounds of fraud, it’s because a claim has been made that the will is the product of false or misleading facts or circumstances that misled the will-maker (known as the ‘testator’). Fraud can come in many forms. The type of fraud will depend on the circumstances and is
Proving Undue Influence in Court
Identifying and proving undue influence in a will challenge can be difficult, as it usually occurs in private, and therefore, it is uncommon for disputes to proceed to a Court hearing on undue influence alone. However, when an undue influence dispute does proceed to Court, the Court must consider a range of evidence before deciding
Leading Wills and Estate Lawyers Sydney NSW
The Role of Wills and Estate Lawyers in Sydney, NSW It’s an inevitability that life will one day come to an end. Wills and estate planning lawyers are here to provide peace of mind through legal services encompassing estate law, estate planning, enduring guardianship, probate, letters of administration, or contesting or challenging a will. At
Mediation of Estate Disputes
What is Mediation? Mediation is an alternative dispute resolution process, when opposing parties formally engage an independent, neutral mediator, who assists the parties to reach an agreement. The role of mediation is to promote a faster and more cost effective resolution. Mediation is a process that can take different forms including judicial settlement conferences, court-annexed
Challenging a Will on the Grounds of Suspicious Circumstances
What Constitutes Suspicious Circumstances? Suspicious circumstances are circumstances surrounding the preparation or execution of a Will which give rise to suspicion. The suspicious circumstances can involve circumstances surrounding the preparation of the will and circumstances surrounding the execution of the Will. A will made under suspicious circumstances may be invalid and may be challenged on that
What is Undue Influence on a Will-Maker
Defining What Is Undue Influence in Probate Law Undue influence is where a person makes a Will that is the product of coercion – that is – a will that is not the will that the testator would have made absent the coercion. In other words, a Will made against the testator’s free will. The
How to Make a Family Provision Claim in NSW
Overview of Family Provision Claims in NSW In New South Wales, the estate of a deceased person can be left to anyone they choose. This is referred to as testamentary freedom. In some individual circumstances, the law can override the will made by the deceased person by altering the distribution of the deceased estate. This