Wills & Estates in Newcastle

Local Expertise from Experienced Solicitors

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Personalised Services for Wills & Estates

At The Charlestown Law Firm, our solicitors can assist you with practical, personalised, and cost-effective legal services relating to wills and estates.

Have you been left out of a will? Our solicitors will advise you as to your rights. We can assist you in drawing up a will and power of attorney, as well as applying for probate or letters of administration.

Our team is equipped to answer your questions and address any concerns about wills, estates, or probate. Our Newcastle Law Specialists can assist you in making or changing a will, applying for probate and applying for Letters of Administration where there is no will. Additionally, we offer a range of legal services, including family law, criminal law, commercial law, and conveyancing, providing a comprehensive legal solution under one roof.

Based in Charlestown, our firm is conveniently located to assist clients in Newcastle, Sydney, Lake Macquarie and across the Central Coast. We also offer online appointments. To arrange a consultation, please phone our office at 02 4942 1212 and let us help you navigate your legal matters with confidence and care.

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Wills

A will is a legal document, allowing you to choose who receives your belongings and assets after your death. It can also be used to appoint a guardian to look after children in the event of their parents' death, until they are old enough to look after themselves.

At The Charlestown Law Firm, we recommend that everyone have a will. A legal will is the only way to make your wishes clear once you have passed. It is particularly important for those clients with people depending on them financially (such as children or persons in your care). A legal will can save the expense and possible disputes that may arise when a person passes without a will.

Our initial consultation is free of charge. During this consultation, we confirm and discuss the following:

When you need a will
What can be included in the contents of your will
What makes a will valid
Where you should keep your will
Who will be the executor and trustee of your will?
How your will can be changed
What your will does not cover

Our solicitors are able to help you by taking your specific instructions and drafting your will.

The distribution of a person's estate can be made through a Grant of Probate or by Letters of Administration in the Supreme Court of NSW, which authorises an Executor or Administrator respectively to distribute an estate.

Probate

Where there is a will, and you are the nominated executor of the will, we can help you apply at the Supreme Court of NSW for probate. Once the court is satisfied that the will is valid, you will be granted probate which authorises you, the executor, to attend to the distribution of the deceased's estate in accordance with the will.

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Letters of Administration

Where a person has died but has not left a legal will, the situation becomes more complicated. Letters of Administration is legislation that details how the estate of the deceased is to be handled, and the formula for distribution of the deceased's estate. Any person who expects to be a beneficiary of the deceased's estate can apply to the Supreme Court of NSW for Letters of Administration to allow for the distribution of the estate.

We can help you apply to the Supreme Court of NSW for Letters of Administration. This allows the Court to appoint an administrator to distribute the deceased estate according to the Legal Rules of Intestacy under the Wills, Probate and Administration Act 1898.

Claims Under the Family Provision Act 1982

Claims can be made against the distribution of any estate where a person, for good reason, is expected to be a beneficiary but was not provided for under a will or under the rules of intestacy where there is no will.

In such cases, the person can make claims under the Family Provisions Act 1982 and clearly explain why they should be considered a beneficiary of the deceased's estate.

At The Charlestown Law Firm, we can assist you in the legal process required to make a claim under the Family Provision Act 1982.