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 […]

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

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

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 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

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

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

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

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

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