Blog

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

Read More »

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

Read More »

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

Read More »

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

Read More »

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

Read More »

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

Read More »

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

Read More »

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

Read More »

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

Read More »

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

Read More »

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

Read More »

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

Read More »

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

Read More »

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

Read More »

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

Read More »

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

Read More »

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

Read More »
How to Make a Family Provision Claim in NSW-2-img

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

Read More »
What is Testamentary Capacity_-img

What is Testamentary Capacity?

Testamentary Capacity is a term used to describe the mental and cognitive ability that a person who makes a will (known as a ‘will-maker’ or ‘testator’) must have at the time of making their will, in order for the will to be valid. Defining Testamentary Capacity in NSW Testamentary capacity requires a will-maker to be

Read More »
Challenge a Will on the Grounds of Undue Influence-img

Challenge a Will on the Grounds of Undue Influence

A will that is found to be the product of undue influence will be invalid. What constitutes undue influence depends on the circumstances, but is usually used to describe illegitimate coercion. The coercion does not require physical violence but does require the testator to be prevented from exercising a free will. Coercion differs from other

Read More »
Time Limits for Challenging a Will in NSW-blog-img

Time Limits for Challenging a Will in NSW

The time limit for challenging a will in NSW depends on the facts and circumstances of each case. Whilst there is no statutory limitation period for challenging a will as there is for contesting a will (also known as a family provision claim), it is important to seek legal advice as soon as possible to

Read More »
Contesting the Appointment of Executors or Trustees Named in the Will -blog-img

Contesting an Executor of a Will

The person named as executor in a deceased’s last valid will has the right to apply for probate and to administer the deceased’s estate. If the will establishes testamentary trusts and names a trustee (who may or may not also be the executor) then that person has the right to act as trustee of those

Read More »
Challenging the Validity of a Will-blog-img

Challenging the Validity of a Will

To challenge a will means to take issue regarding the validity of will. The common grounds upon which a will may be challenged include undue influence, fraud, or where it has been prepared under suspicious circumstances.  The facts and circumstances of each case determine whether a last will and testament can be challenged and on

Read More »

Join Our FREE Monthly Newsletter to receive

10% Off Our Services*

* Secure discount now and use it later. Discount applies to solicitor fees only for the life of a matter up to a maximum of $5,000 benefit.

Sign up here