Will and Estate

A Will is a document that sets out what should happen to your property after you and fulfils all the legal requirements in order to be legally valid. The Will will name the Executor you want, the person who will need to identify your assets and liabilities after your death and transfer your assets to your beneficiaries as required by law. The Will should specify who will be your Executor if the person you first named as your Executor dies before you or is unable to fulfil that role.

The Will will clearly indicate who will receive your assets at your death, which is your beneficiaries. The Will should name alternate beneficiaries, that is, who will receive your assets in the event that the beneficiary you first named dies before you. The will may specify conditions that must be met before the beneficiary can receive their gift, such as living longer than you and being at least 25 years old.

When you instruct a Will to be made, you need to decide who you want to be the executor of your estate. The executor you appoint must be capable of taking on the responsibility of finding your most recent Will, instructing a solicitor to obtain probate, liquidating the assets of the estate and distributing the assets of the estate to beneficiaries. No special skills are required, as much of the executor's work is done with the advice of a solicitor. Often, spouses will appoint each other as executors. If a spouse is unable or unwilling to take on this role, people often appoint their adult children as executors.

The Will will remain in force until the testator formally changes it by making an 'addendum' or making a new Will. Once a Will has been signed, handwritten amendments have no effect. The testator can only amend the will before signing it. In this case, the testator and witnesses must sign or initial at or near the edge of the revision. If this is not done, the court may presume that the amendment was made after the signing of the will, and the amendment may not take effect.

Your will can be revoked by marriage unless it is clear that it was made in anticipation of that marriage. If you marry after making your Will and the Will did not anticipate the marriage, you should make a new Will.

Broaden Legal Sydney Wills Solicitors (Estate Lawyers) are located in the Sydney CBD. Proton Sydney Wills Solicitors (Estate Lawyers) can write your Will and all types of documents from simple to complex.

Divorce does not revoke a Will, but it does invalidate any gifts to an ex-spouse and appointments naming an ex-spouse as executor, trustee or guardian (unless the Court confirms that you did not intend to revoke the gift or appointment as a result of the divorce).

There are several ways to revoke a will, including: making a new will; destroying the will with the intent to revoke it; writing on the will or altering it in some way so that the court determines that you intended to revoke it.

If any of these options are used, the maker of the Will will die intestate unless a new Will is made.

Broaden Legal Sydney Wills Solicitors (Estate Lawyers) can revoke and appoint a new Will for you.

When a person dies without a Will, they are considered to have died 'intestate'. If a person dies intestate, then an interested person (usually the next of kin) will need to determine whether an application for Letters of Administration in the Supreme Court is required. The principles and procedures are similar to the process of applying for probate.

However, the determination of the beneficiaries of an estate is based on the "rules of intestate succession". The Rules of Intestate Succession are actually a formula for determining who can receive an estate. If there are no living beneficiaries after applying the rules, the estate is considered "intestate." In this case, the estate goes to the government.

Once the executor of a will has obtained probate (or an interested party has obtained letters of administration), the executor (or administrator, as the case may be) is responsible for carrying out the will in accordance with the wishes of the maker as expressed in the will. Often, this means liquidating bank accounts, transferring stocks and real estate, and distributing the estate. In any event, the beneficiaries are not entitled to the assets of the estate until the court grants probate and appropriate advertisements are published in the relevant newspapers. It has also been suggested that the executor should not distribute the estate to the beneficiaries until after the "executor's year".

It is the duty of the executor (or administrator) to use the money of the estate to pay the death and probate expenses of the deceased. These payments must be made before any beneficiaries receive their gifts.

It is also the responsibility of the executor or administrator to ensure that final tax returns are completed, the deceased's name is removed from the electoral roll, all debts of the estate are paid, and all interests under the will are transferred in accordance with the proper procedures.

The executor of the will may be entitled to receive payments for administering the estate.

Broaden Legal Sydney Probate Lawyers (Estate Lawyers) can apply for probate or letters of administration for you. If you do not have a trusted executor, government executors have higher fees. Broadcom Sydney Wills Solicitors (Estate Solicitors) can undertake the task of executing for a lower fee than a government executor.

If you are a beneficiary of a Will or have received a gift in a Will. However, if you receive a Will that is challenged or a claim is made against the estate, you may lose your inheritance, or receive a reduced share from it. When a Will is challenged, or a claim is made against an estate, all those involved will attempt to protect their interests. We recommend that you seek immediate advice from your own independent estate solicitor to ensure that your interests are protected.

We recommend that you seek immediate legal advice if: you suspect that the executor has failed to protect the estate; a challenge or claim has been made against the deceased person's estate; you need help in negotiating with the other beneficiaries of the will; the executor is a trust company, a public trustee, or an executing company; you have not been correctly informed of the progress of the estate; you have not been correctly informed of the progress of the dispute; the administration of the deceased person's estate is in doubt; and person's estate has been administered in a questionable manner; or the executor's views on how to properly protect the assets of the estate do not agree with yours.

If your interest in a Will is being disputed, then we recommend that you do not delay in seeking independent legal advice from an experienced contested Will solicitor. If you choose not to seek legal advice immediately, you may miss the opportunity to defend your estate and you will not be given a second chance!

Broaden Legal Sydney Wills Lawyers (Estate Lawyers) will use professional legal means to defend the will and estate that you have executed or benefited from.

There are two options: ask the Supreme Court to invalidate the Will, or ask the Supreme Court to change the Will so that you receive a portion of your estate. Getting the Supreme Court to invalidate a will can be done by proving that the person who made the will lacked testamentary capacity, that the person who made the will was pressured by someone else to make the will, or that there was undue influence.

Getting the court to order that I should receive a portion of the estate can be done by proving that you are a: husband or wife, child, de facto partner, grandchild, member of a family who was dependent on the deceased for financial support, lived with the deceased at a particular time and was dependent on the deceased for financial support, ex-wife or ex-husband. A person who has a close personal relationship. If you are able to prove that you are one of the above types of people, then only then can you proceed to the next step. You must then prove to the court that the will does not provide you with adequate distribution.

In deciding whether a portion of the estate should be paid to you, the court must take into account, among other things, the nature of the relationship between you and the deceased, the nature and extent of the deceased's duties and responsibilities to you, the nature and extent of the deceased's estate, your financial situation and, if you were living with another person, that person's financial situation, your physical, mental or intellectual disability, your age, your contribution to the deceased's estate, whether or not you were living with another person, and whether or not you were a close personal friend of the deceased. the deceased person's estate, whether financial or otherwise, whether the deceased person had made provisions for you prior to their death, whether the deceased person told you they would leave something to you but in the end did not do so, whether the deceased person maintained you during your life, in whole or in part, your character and behaviour before and after the death of the deceased person, and any other matters the court deems relevant.

Broaden Legal Lawyers (Will Estate Lawyers) can fight for you to get the distribution of your estate that you deserve.