Best Will & Testament Lawyers in Sydney
Share your needs with us, get contacted by law firms.
Free. Takes 2 min.
List of the best lawyers in Sydney, Australia
Etheringtons Solicitors
Goldrick Farrell Mullan with Humphreys & Feather
Abrahams & Associates
Turner Freeman
Stacks Collins Thompson
Fourtree Lawyers
Foulsham & Geddes
Maurice Blackburn Lawyers
About Will & Testament Law in Sydney, Australia
In Sydney, Australia, a will is a legal document that outlines how your assets will be distributed after your death. This involves the distribution of property, explanation of any debts and how they should be settled, and the care of any minor children or dependents. For a will to be valid, it must comply with the specific requirements under the Succession Act 2006 (NSW), such as being in writing, signed by the testator and witnessed by at least two individuals.
Why You May Need a Lawyer
You may need a lawyer to assist with drafting a will, ensuring it fulfills legal requirements, and successfully represents your wishes. Furthermore, a lawyer may be needed to guide executors and beneficiaries through the probate process or to resolve any potential disputes about the will. In more complex situations, such as having overseas assets, running a business, or having blended families, the expertise of a lawyer is highly recommended to navigate the legal complexities.
Local Laws Overview
The key local laws relevant to Wills & Testament in Sydney are outlined in the Succession Act 2006 (NSW) and the Probate and Administration Act 1898 (NSW). The laws dictate requirements for making a will, changing a will, and contesting a will. They aim to protect vulnerable beneficiaries, ensure the deceased's wishes are respected, and confirm that all estate matters are handled responsibly. It's also crucial to note that not providing adequately for dependent family members can lead to court battles, thus, legal advice is recommended when drafting a will.
Frequently Asked Questions
1. Can I write my own will?While you have the right to write your own will, it's not recommended due to the legal complexities involved in drafting a legally compliant document. 2. Can I change my will after it's been written?Yes, a will can be changed any time before death as long as the person making it is still mentally capable. 3. What is probate?Probate is the legal process where a court confirms a will's validity so the executor can distribute the assets as directed. 4. What happens if I die without a will?If you die without a will ('intestate'), your assets will be distributed according to the statutory formula, which may not meet with your wishes. 5. Can a will be contested?Yes. In Sydney, eligible persons can challenge a will under the provisions of the Succession Act 2006 (NSW).
Additional Resources
The Law Society of New South Wales, Legal Aid New South Wales and the Department of Justice provide reliable resources and informational material about wills and estates. The New South Wales Trustee & Guardian is a state government agency that provides will making service and can also act as an executor.
Next Steps
If you require legal assistance with a will or testament, your first step should be to seek legal advice from a reputable lawyer who specializes in wills and estates. Ensure to communicate all your wishes clearly, especially pertaining to your assets and the care of any dependents. Remember, preparing a will is an important task that requires thoughtfulness and legal expertise.
The information provided on this page is intended for informational purposes only and should not be construed as legal advice. While we strive to present accurate and up-to-date information, we cannot guarantee the accuracy, completeness, or currentness of the content. Laws and regulations can change frequently, and interpretations of the law can vary. Therefore, you should consult with qualified legal professionals for specific advice tailored to your situation. We disclaim all liability for actions you take or fail to take based on any content on this page. If you find any information to be incorrect or outdated, please contact us, and we will make efforts to rectify it.