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Inheritance law in New South Wales (NSW) governs how a person’s assets are distributed after death. For residents of Turramurra, these rules apply under NSW law rather than federal law. Key areas include wills, intestacy, probate, and estate administration. A valid will directs who receives property and personal items, while intestacy rules determine distribution when there is no valid will.
In NSW, probate and estate administration are typically managed through the Supreme Court of NSW Probate Registry, with support from NSW solicitors or barristers as needed. Executors or administrators carry out the deceased person’s wishes or the intestacy rules, manage debts, and distribute assets to beneficiaries. Digital assets and superannuation can add complexity, requiring careful coordination among different authorities and funds.
Drafting or updating a will to reflect changing circumstances. If you bought a home in Turramurra in 2020 and have now remarried or added a child, a solicitor can update your will to avoid unintended beneficiaries receiving assets. A professional can ensure the will is valid and correctly executed under NSW law.
Applying for probate or letters of administration. When a loved one dies, you may need probate or administration to authorize asset distribution. A solicitor can prepare documents, liaise with the Supreme Court of NSW, and coordinate creditor payments and tax compliance.
Challenging a will or addressing concerns about validity. If you suspect lack of capacity, undue influence, or a misrepresentation, a lawyer can assess grounds for a challenge under the NSW Succession Act 2006 and related legislation.
Resolving disputes among beneficiaries or executors. Family disputes, unequal treatment of dependants, or contested distributions often require legal guidance to reach a fair outcome and avoid prolonged court action.
Managing family provision claims. Dependants may apply for further provision under the Family Provision Act 1982 (NSW). A lawyer helps determine eligibility and organises evidence and submissions for a claim.
Handling superannuation death benefits as part of an estate. Super funds have separate rules for death benefits. A legal adviser can determine whether benefits form part of the estate or pass directly to dependants or beneficiaries.
Succession Act 2006 (NSW) governs the formalities of wills, the validity of wills, and the rules of intestacy in NSW. It sets out who inherits if there is no valid will and outlines eligible executors and administrators.
Family Provision Act 1982 (NSW) provides for reasonable provision for certain dependants and, in some cases, for others who were inadequately provided for in a will. It outlines who may apply and on what grounds relief can be sought.
Commonwealth Superannuation Industry (Supervision) Act 1993 (Cth) controls superannuation funds and death benefits. Super death benefits are often paid according to fund rules rather than through the NSW estate, but may be taken into account for overall estate planning.
NSW law requires a properly executed will to satisfy formal requirements, otherwise a will may be challenged or deemed invalid.
Source: NSW Legislation and official government resources provide the legal framework for wills, intestacy, and family provision in NSW. For authoritative access, see the NSW Legislation site and NSW Trustee & Guardian resources.
For more information on NSW law, you can visit official resources such as NSW Legislation and NSW Trustee & Guardian, which provide the texts and practical guidance for probate and estate administration.
Helpful official resources you can consult include:
A will directs how your assets are distributed after your death. Without a will, NSW intestacy laws may determine who receives your property, which may not align with your wishes. A properly drafted will helps protect your family and minimize disputes.
Probate is filed with the NSW Supreme Court Probate Registry. You typically need the death certificate, the will, and an inventory of assets. A solicitor can prepare the application and guide you through the court process.
Update your will after major life events such as marriage, divorce, the birth of a child, or significant changes in assets. Regular reviews every 3-5 years help maintain accuracy and reduce challenges later.
Intestacy rules are outlined in the Succession Act 2006 (NSW). If there is no valid will, these rules determine who inherits and in what shares.
A lawyer can assess grounds for contesting a will, such as lack of testamentary capacity, undue influence, or improper execution. They prepare legal submissions and represent you in court if needed.
Costs vary by estate size and complexity. Lawyer fees, court filing fees, and potential consultant costs all apply. A solicitor can provide a fixed quote or clear hourly rates before work begins.
While you can draft a will yourself, professional legal advice helps ensure validity, clarity, and tax efficiency. A solicitor or legal practitioner familiar with NSW probate reduces the risk of later disputes.
Intestacy occurs when there is no valid will. While not the norm for many families, it does happen, and NSW law specifies how assets are distributed among relatives. A will typically avoids intestacy outcomes.
Super death benefits may pass outside the estate, depending on the fund rules. Beneficiaries can be spouses, dependants, or non-dependants as defined by the fund. Seek counsel to coordinate super with estate planning.
Yes. The testator must have testamentary capacity at the time of signing. If capacity is questioned, you may need medical or expert evidence to support the validity of the will.
Yes. NSW law may require foreign assets to be included in the estate for probate purposes, though treatment can differ by asset type and location. Professional advice helps coordinate cross-border issues.
