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 for everyone to have a will. A legal will is the only way you can 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, Leon and Marie Anne 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.
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.
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 that 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 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 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.