Probate is the name of a court order that is granted by the Supreme Court of NSW. Being granted probate confirms that: the will is valid the executor has permission to distribute the estate according to the will However, you might not need to apply for probate if the person died without many assets. Please contact us to get advice.

Making a Will in a same sex marriage

admin@hecken.com.au — Thu, 09 Aug 2018 08:34:22 +0000

Making a Will in a same sex marriage

The effect marriage will have on your will

In early December 2017, the Australian Parliament passed legislation which amends the Marriage Act 1961 (Cth) allowing same-sex couples to legally marry under Australian Law.

Prior to this Act of Parliament, people who were in same-sex relationships did not have the right to marry and did not have equal rights under the law.

The legalising of same-sex marriages

Not only means that same-sex couples can now legally marry under Australian Law, but also has significant consequences for drafting and contesting wills.

The area of Wills & Estates is an area of law where the rights of same-sex couples were significantly affected by being unable to marry.

As same-sex couples could not legally marry, they did not have the same rights afforded to married couples.

Same-sex couples could only ever be considered “de-facto” partners.

In a previous article, we discussed a case Heckenberg Lawyers acted on in which the deceased died intestate, which means he left no will.

The deceased was in a same-sex relationship at the time of his death.

As the deceased died intestate, the deceased’s assets are divided according to a statutory formula.

In this case, the deceased had no children.

The deceased’s brother argued that the entire estate should go to him, as the deceased was not married and had no children.

Our client, the deceased’s partner had to prove to the Court that he had been in a de-facto relationship with the deceased for a continuous period of two years at the date of death.

Heckenberg Lawyers were able to obtain a successful outcome for our client and the Court recognised that the deceased and our client were in a de-facto relationship.

Same-Sex Marriage And Wills

In the above case, if the deceased and his partner were legally able to marry, the deceased’s entire estate would have gone to his spouse.

The new amendment to the Marriage Act means that if you are married and die without leaving a will (intestate), your assets will be allocated to your spouse, if you die without leaving children.

Updating your will regularly is very important.

If you are in a same-sex relationship and marry, you should update your will to reflect this change in your life circumstances.

Furthermore, if you are in a same-sex relationship and you wish to leave assets to your partner you should also update your will to record your circumstances to ensure that your testamentary wishes can be carried out.

Heckenberg Lawyers also recommends updating your will when other significant life changes occur including if you have children, start new employment, divorce, start a new job, death of a spouse, acquire new assets or retire.

Need help?

If you need advice on changing the terms of a Will, drafting a Deed of Variation or Contesting a Will you need to seek legal advice from an Expert Wills & Estates Lawyer. You can speak to the expert lawyers at Heckenberg Lawyers on how to successfully change the terms of a Will or Contest a Will.

We specialise in Wills & Estate Law and pride ourselves on our open and honest communication with clients.

Need Help?

What is The Purpose of a Will?

admin@hecken.com.au — Thu, 09 Aug 2018 06:48:20 +0000

What is The Purpose of a Will?

What is the purpose of a Will

In Australia, a person has the right to leave their property to whoever they name in their Will.

However, there are also laws in place that allow a person to challenge the Will of a deceased on the basis, that they were an eligible person to challenge the Will and that the deceased did not make adequate provision for their proper care, education and maintenance in life.

In New South Wales

These types of claims are called “family provision claims” and people eligible to make these claims are partners and ex-partners of the deceased, children and grandchildren of the deceased and other persons who have been part of the deceased’s household and dependent on the deceased.

A recent case in the New South Wales Supreme Court

Jodell v Woods [2017] NSWSC 143 shows how successful family provision claims can be to a person who believes they have been unfairly left out of a Will.

In this case, the deceased left behind her two daughters. Under the terms of her Will the deceased left the whole of her Estate, value at approximately $2 million, to one of her daughters. No inheritance was left to her second daughter on the basis that the deceased and this daughter were estranged.

The Court considered all the evidence before the Court concerning the relationship between the deceased and her estranged daughter as well as the financial situation of the estranged daughter.

What is the point of a Will if your wishes aren’t carried out?

After considering all the evidence in the case the Court held that the estranged daughter was an eligible person to make a family provision claim. Consequently, the Court found that the deceased had not made adequate provision for the proper maintenance, or advancement in life of her estranged daughter.

As a result of this finding the Court awarded the estranged daughter $425,000 from her mother’s Estate.

If you have been left out of a Will and you believe you should have been provided for in that Will then there are steps you can take to challenge the terms of the Will. You need to speak to an expert Wills and Estates Lawyer on the options available to you as quickly as possible as time limits apply to family provision claims.

Need Help?

Wills and Estate Lawyers

admin@hecken.com.au — Thu, 19 Jul 2018 04:58:28 +0000

Wills and Estate Lawyers

Wills and Estate Lawyers NSW

Need the best wills and estate lawyers?

5-star reviews, great communication and honest fees.

Why hire a lawyer to make a will?

It can be a great investment to hire an experienced lawyer to make your will.

This can help ensure your wishes are carried out after you die.

Most importantly, a properly drafted will can avoid a dispute.

Will disputes can tear families apart and cost a lot of money.

If your will isn’t drafted properly, it might be ‘legally invalid’.

We suggest you contact us for a chat. We can advise you on the best path forward.

How much are our fees?

At Heckenberg Lawyers, our fees usually start at $1050 (plus GST) to make a will. But this depends on many factors.

We suggest you contact us for an honest discussion about our fees.

You can learn more about the cost of making a will here.

What makes a will legally valid?

The requirements for making a will legally valid and recognised by The Supreme Court of NSW include:

The will must be in writing, either typed or handwritten.
The will must be signed by the will-maker or by some other person in the presence of and at the direction of the will-maker.
The will-maker’s signature must be made or acknowledged in the presence of two or more witnesses, present at the same time.
At least two of those witnesses attest (witness) and sign the will in the presence of the will-maker (but not necessarily in the presence of each other).
The signature of the will-maker or person signing at the direction of, and in the presence of the will-maker must be made with the intention of executing the will.

Are will kits a good idea?

Choosing a will kit to prepare your own will should only be considered if your circumstances are simple.

For many people this is not the case.

If the will is not completed by correctly, an application to the Court will be required and this process may cost thousands of dollars.

Obtaining the advice and assistance of a specialist wills and estate lawyer can help reduce the risk of a contested will.

What price are you prepared to pay for your own peace of mind and the peace of mind of your family?

We’re happy to help.

Please contact us to help you prepare your last will and testament.

How do I contest a will?

Learn more about contesting wills here.

How do I defend a will?

Learn more about defending a will here.

Need Help?

Testamentary Trusts

admin@hecken.com.au — Thu, 19 Jul 2018 04:57:45 +0000

Testamentary Trusts

What is a Testamentary Trust?

A Testamentary Trust is a trust that is established based on the instructions in a Last Will and Testament. A trust allows a trustee to manage assets on behalf of the beneficiaries of the Trust.

The main benefits of Testamentary Trusts are their ability to protect assets and to reduce the tax paid by beneficiaries from the inheritance. It also provides a greater level of control over the assets of the Will.

A Testamentary Trust does not come into effect until after the death of the person making the Will. At this time, the specified deceased estate property is transferred to a trustee, who holds the assets on trust for the benefit of the beneficiaries.

If you are responsible for administering a Testamentary Trust, you should consider seeking expert legal advice from an experienced Estate Planning Lawyer.

Get In Touch with Heckenberg Lawyers if you’re seeking expert legal advice on establishing a Testamentary Trust.

How much does a testamentary trust cost?

The average cost for a testamentary trust in NSW usually ranges from $1200 to $4300.

Our fees start at $2500 (plus GST) for a testamentary trust.

But prices may vary depending on your requirements.

Please contact us for a discussion about our fees.

How much does a living trust cost?

Our fees start at $2500 plus GST to set up a living trust.

But prices may vary depending on your requirements.

Please contact us for a discussion about our fees.

What are the benefits of testamentary trusts?

Trusts are not just for the wealthy. Trusts, are a well accepted and expert way to deal with a number of issues that can arise in any family, rich or poor.

Trusts & Young Children

Setting up a Trust in your Will is one way to ensure that any children you care for under the age of 18 years old, will be looked after financially after you are gone. This can mean setting money aside in the Trust for their future education needs, as well as their everyday needs with the balance of any moneys in the Trust to be given to them at an age you consider appropriate.

Vulnerable Family Members

A Trust is also the ideal way to manage and ensure the financial security of any vulnerable family members including any members of your family who may be suffering from a mental or physical disability.

Taxation Benefits

A Trust may have some taxation benefits for the beneficiaries of the Trust which needs to be balanced against any impact the income from the Trust may have on pensions or other government benefits.

Choosing the Trustee

By setting up a Trust in your Will, you can choose who you would like to appoint as the Trustee of the Trust. After deciding to set up a Trust, choosing the Trustee is the most important decision you can make. This is because it is the Trustee who, will be in charge of administering the Trust and making the day to day decisions on when and how to distribute the income in the Trust. You need to think very carefully about the person you would like to appoint as your Trustee and you need to talk to them about your decision to make sure they accept the responsibility.

Does a testamentary trust have taxation benefits?

A Trust may have some taxation benefits for the beneficiaries of the Trust which needs to be balanced against any impact the income from the Trust may have on pensions or other government benefits.

What are the advantages of having a living trust?

One of the main attractions of a Living Trust is that it does not go through Probate. This has many advantages for beneficiaries under the Trust including a limitation on family provision claims against your Estate.

A Living Trust, also called an ‘inter vivos trust’, is a trust set up during your lifetime. All your assets are transferred to the Living Trust. You still retain control of the assets in the Trust by naming your self as the Trustee. On your death the Trust continues to operate with the appointment of a new Trustee.

If you believe that setting up a Living Trust would suit your particular situation you need to seek expert legal advice from a Wills & Estates lawyer on the drafting of the Trust Deed to ensure the trust is set up in accordance with legal requirements. In addition, you will need advice on any taxation implications that may arise on the initial transfer of your assets to the Living Trust. This includes advice on any stamp duty or capital gains tax that may be payable.

When deciding to set up a Living Trust it may be a matter of weighing up the taxation implications in the transfer of your property to the Trust, against the possibility that your Estate may be subject to a family provision claim. In New South Wales the class of persons eligible to make a family provision claim is very wide and includes ex partners as well as their children (if they have resided with you) and any person who has been partly or wholly financial dependent on you during your lifetime.

Setting up a Living Trust for client’s falls under the general heading of Estate Planning. Estate Planning is an important facet of the legal work performed by Heckenberg Lawyers. In Estate Planning we use our extensive experience in Wills and Estates to plan your Estate for a wide number of reasons including the minimisation of taxation and the protection of your assets from a family provision claim after your death.

Regardless of whether your Estate will be large or small all our client’s benefit from expert legal advice on planning their Estate. This advice provides peace of mind to our client’s whilst they are alive and financial security to their intended beneficiaries after they are gone.

What is special disability trust?

A Special Disability Trust is a Trust made in accordance with the Social Security Act in which you can make provision for the reasonable care and accommodation needs of your child.

For parents who have children with disabilities, making a Will involves additional consideration of their needs once you are no longer there to support them. There are different options to consider depending on the requirements of your Will.

Parents have the ability to ensure their wishes for their disabled children are adhered to in their later life.

The most common way for this to be done is to create a Testamentary Trust in your Will. A Testamentary Trust will allow you to elect a Trustee to look after your childrens inheritance to ensure that it is used for their benefit and in accordance with your wishes.

Depending on the disability that your child has, you might consider setting up a Special Disability Trust for your child in your Will.

What are the benefits of a special disability trust?

The advantage of a Special Disability Trust is that it will allow your child to continue to receive any government pension such as the Disability Pension.

How to set up a special disability trust

A Disability Trust can be set up in your Will or you can set one up now for the benefit of your disabled child.

It is extremely important that the Special Disability Trust is set up in accordance with the Social Security legislation otherwise it will not receive the benefits under the legislation. This includes using the compulsory clauses that are set out in the Model Trust Deed for Special Disability Trusts. A failure to use the compulsory clauses will mean that the Trust will not qualify as a Special Disability Trust.

Special Disability Trusts are only available to disabled people who suffer from a severe disability. A severe disability means:

If a person is 16 years or older they have a level of impairment that would qualify them for Disability Support Pension and who has a disability that would allow any carer to qualify for a Carer Payment or Carer Allowance.
If a person is 16 years or older they are living in a Government funded institution, hostel or a group home for people with disabilities and they are not able due to their disability or there is no likelihood that they will work for more than 7 hours week.
If a person is under 16 years of age they have a severe disability or a severe medical condition and their carer has received the required rating in the Disability Care Load Assessment.
If a person is under 16 years of age their treating doctor has certified in writing that because of the child’s disability or condition they will need personal care for more than six months and the child care is required to be provided by certain people.

If you would like to set up a Special Disability Trust for your disabled child the next step is to seek expert legal advice to ensure that the Trust is in accordance with the Social Security legislation.

In the event that your child does not meet the eligibility for a Special Disability Trust it is still possible to set up a Testamentary Trust in your Will to ensure that your wishes for them are adhered to later in their life.

Providing for grandchildren in a Will

One of the best ways to leave money for grandchildren in a Will is to create a Trust.

Trust Funds in Will’s are commonly used when money or property is being left to children under the age of 18 years of age or to someone who does not have the physical or mental capacity to look after themselves financially.

If you would like to create a Trust Fund for your grandchildren in your Will, there are two types of trust funds that you can create.

The first one is where the money or property left to your grandchildren is managed for them until they reach a certain age.

The second one is where the money or property is managed for your grandchildren for the entirety of their life, based on their financial needs throughout their life.

To decide what sort of Trust Fund would be appropriate and how to minimise any taxation on the Trust, you need to speak to a lawyer with expert experience in Wills and Estate Planning.

Can my children challenge the Will if I leave money for my grandchildren?

Your children would be able to challenge your Will after you die, as they are eligible people under the Succession Act.

However, to be successful in the challenge, they would need to show the Court that you have not made adequate provision for their proper maintenance, education or advancement in life.

When considering whether adequate provision has been made the Court will look at the following factors:

The nature and duration of your relationship with your children.
The nature and extent of your Estate and any liabilities of the Estate.
The financial resources (including earning capacity) and financial needs of your children.
Any physical, intellectual or mental disability of any of your children.
The age of your children.
Any contribution (financial or otherwise) by your children to the acquisition, conservation or improvement of your Estate or to your welfare.
Any provision you have made to your children during your lifetime.
Your testamentary intentions which can include evidence of statements made by you on why you have decided to leave all of your Estate to your grandchildren.
Whether any of your children were being partly, or wholly maintained by you.
Whether any other person is liable to support your children.
The character and conduct of your children before and after your death.

To minimise the risk of your Will being successfully challenged, you need to have it drafted by an expert Wills and Estates Lawyer who can minimise the risk of the Will being successfully challenged by your children.

Need Help?

Power of Attorney

admin@hecken.com.au — Thu, 19 Jul 2018 04:57:25 +0000

Power of Attorney

What is a Power of Attorney?

A Power of Attorney, is similar to that of a Will. It is a legal document whereby someone is appointed and has the authority to act on your behalf for property matters and financial agreements. The person you appoint as your Power of Attorney, cannot make decisions on your health or wellbeing, these are covered by a separate document, and the person appointed is known as Enduring Guardian.

It is important that you appoint someone you trust and who will act responsibly. This could be a family member or close friend, but it must be someone you know will act responsibly on your behalf.

Heckenberg Lawyers are specialists in the area of Wills and Estates. Get In Touch with one of our senior lawyers to obtain the very best advice on how to prepare and appoint your Power of Attorney. It is a legal document and must be witnessed by lawyer.

A Power of Attorney will operate until:

the appointee cancels it.
the attorney no longer wishes to act.
the attorney or the appointee becomes bankrupt.
the person appointed looses their mental capacity to act for the appointee.

Need Help?

Probate Lawyers

admin@hecken.com.au — Thu, 19 Jul 2018 04:35:39 +0000

Probate Lawyers

#1 Probate Lawyers Sydney

The process of applying for probate, obtaining a grant of probate, executing a will and administering an estate can be very challenging for most executors.

As An executor, you are responsible for the following:

finding the will.
arranging for disposal of the body.
getting the death certificate from the Registry of Births, Deaths and Marriages.
ascertaining the deceased’s assets and liabilities.
assessing the value of the deceased’s assets.
applying for a grant of probate.
paying the deceased’s debts, income tax, duties and funeral expenses.
distributing the assets according to the terms of the will.

More information

We have discussed on the Grant of Probate and the Reseal of Probate pages some of the possible implications involved in this process.

Need a Sydney Probate Lawyer?

There are specific legal requirements that need to be followed during the process so it is advisable at the very least to Get In Touch with a probate lawyer and obtain some initial advice about your situation. Your first consultation with one of our senior probate lawyers is free of charge.

Need Help?

Probate Fees

admin@hecken.com.au — Thu, 19 Jul 2018 04:35:15 +0000

Probate Fees

What is Probate?

Probate is the name of a court order that is granted by the Supreme Court of NSW.

Being granted probate confirms that:

the will is valid
the executor has permission to distribute the estate according to the will

However, you might not need to apply for probate if the person died without many assets.

Please contact us to get advice.

How much does Probate cost in NSW?

Probate costs in NSW include the filing fee and solicitor’s professional costs.

The filing fees are payable to the Supreme Court of NSW.

The professional costs are payable to your lawyer.

Probate NSW filing fees (as of 1 July 2021):

This is payable to the Court. Your lawyer will explain how.

According to the NSW Supreme Court, these are the probate filing fees:

Value of Estate Assets	Filing Fee
Less than $100,000	Nil
$100,000 or more but less than $250,000	$778
$250,000 or more but less than $500,000	$1,056
$500,000 or more but less than $1,000,000	$1,620
$1,000,000 or more but less than $2,000,000	$2,158
$2,000,000 or more but less than $5,000,000	$3,597
$5,000,000 or more	$5,996

Solicitor’s fees for Probate in NSW

Professional costs of obtaining a Grant of Probate, Grant of Letters of Administration or Grant of Reseal are regulated by Schedule 3 of the Legal Profession Uniform Law Application Regulations 2015 (‘The Regulations’).

The Regulations scales the professional costs of obtaining a first time Grant or Reseal in accordance with the gross value of the assets of the estate held in NSW.

Schedule 3 is set out below and is correct as of 1 July 2021:

Disclosed Value of Assets	Costs Payable
Not exceeding $30,000	$560 Plus $13.33 for each $1,000 up to $30,000
Exceeding $30,000 but not exceeding $150,000	$960 Plus $5.90 for each $1,000 in excess of $30,000
Exceeding $150,000 but not exceeding $1,000,000	$1,670 Plus $4.47 for each $1,000 in excess of $150,000
Exceeding $1,000,000 but not exceeding $3,000,000	$5,470 Plus $1.66 for each $1,000 in excess of $150,000
Exceeding $3,000,000 but not exceeding $5,000,000	$8,800 Plus $1.10 for each $1,000 in excess of $1,000.000
Exceeding $5,000,000 but not exceeding $10,000,000	$11,000 Plus $0.90 for each $1,000 in excess of $5,000,000
Exceeding $10,000,000	$15,500

Important:

Our professional costs exclude GST and any disbursements, including but not limited to property valuations, court notices, advertising and filing fees.

How do I apply for a Grant of Probate?

In NSW, when you apply for a Grant of Probate, the application must be filed with the Supreme Court of NSW. All matters concerning wills, estates and will disputes are dealt with by the Supreme Court.

There are some circumstances where you are not required to obtain probate and this will save you the application cost. To find out what circumstances probate is not required visit our Grant of Probate page.

What does an application for Probate include?

The application for Probate to the Supreme Court includes the following:

a Death Certificate
the Will (including codicils)
the Probate
a Summons for Probate signed by a Legal Practitioner
an Inventory of Property detailing the Deceased Person’s Assets and Liabilities
an Affidavit from the Executor

Do you need a solicitor for Probate in NSW?

You are not legally required to hire a lawyer to assist with Probate in NSW. But most people do.

Probate can be a very challenging and complicated process. This can be simplified by an experienced lawyer. Many law firms provide a range of legal services (e.g. family law, criminal law, conveyancing, etc.) But it’s usually better to hire a law firm that specialises in estate planning and contested Wills. Contact us here if you’d like a chat.

Learn more about our Probate services here.

Need Help?

Letters of Administration

admin@hecken.com.au — Thu, 19 Jul 2018 04:34:52 +0000

Letters of Administration

What are Letters of Administration?

Letters of Administration refers to an application made to the Supreme Court of NSW, where the Will of the deceased cannot be located or where there is a Will, but no Executor named in the Will or the Executor named has died or is unable to act as Executor.

A Grant of Letters of Administration means that the Administrator appointed by the Court can deal with the Estate in the same way an Executor would deal with the Estate, such as paying debts of the Estate and administering the Estate in accordance with the Will, or in accordance with the Laws of Intestacy if there is no Will.

The difference between Probate and Letters of Administration is whether the deceased left a valid Will with an Executor, who is able to act, or whether the deceased left a valid Will with no Executor, able to act or left no Will at all.

Applying for Letters of Administration can be more time consuming and costly than applying for a Grant of Probate, as it involves more information being provided to the Court. This is why, it is so important to seek expert legal advice on your Will which can include ensuring that you name more than one Executor, so that your Estate will not be subject to a Grant of Letters of Administration.

Taking the time to engage a specialist lawyer in the practice of wills and estates will help you reduce the risk of incurring additional costs to your family once you die if the correct provisions are not considered properly.

Your first consultation with one of our experienced wills and estate lawyers is free of charge. Get In Touch and provide peace of mind to yourself and your family.

The Role of an Executor

It is extremely important to choose your Executors carefully because they are the people that will be carrying out the wishes contained in your Will.

Executors administer your Estate including distributing your assets to your beneficiaries. In order to administer your Estate your Executors will be given the power to deal with your assets and this may include the power to sell real estate and make investments.

Although your Executors have a duty to act honestly in the interests of your beneficiaries there are a number of court cases where Executors have breached this duty to further their own financial interests.

To ensure that your Estate is not caught up in expensive litigation if your Executors breach their duty to your beneficiaries you need to make sure that the Executors you choose are trustworthy and will act in your beneficiaries best interests.

When considering whom to appoint as your Executors you should also consider their age, as you want to avoid appointing Executors who may not be alive to administer your Estate. It is also wise to appoint more than one Executor to ensure that, in the event one of the Executors is unable or unwilling to act as your Executor, the surviving Executor can administer your Estate. Administering an Estate can be time consuming so before you decide on your Executors have a talk with them to make sure that they are willing to act for you in this capacity.

Your Executors will also be the people who will be in charge in the event that there is a family provision challenge to your Will. In a day of sometimes complex family arrangements appointing Executors who are aware of your family circumstances and the reasons behind the distribution of your assets can be helpful.

There are numerous additional reasons why choosing your Executors carefully is essential. However, the one thing to keep at the front of your mind is the fact that you are handing your Executors all your assets for distribution to your beneficiaries. So you need to choose carefully.

Our expert Wills and Estates Lawyers are aware of the problems that can arise when a person does not choose their Executors carefully. This knowledge makes them an invaluable resource in advising people on choosing Executors to ensure that the distribution of your assets after your death is as smooth as possible for your beneficiaries. We can advise you in depth about the rights and responsibilities of your Executors and the type of powers that they can be given to distribute your Estate.

Need Help?

Contest a Will Lawyer

admin@hecken.com.au — Thu, 19 Jul 2018 02:51:32 +0000

Contest a Will Lawyer

Graeme Heckenberg is an expert lawyer for contesting Wills in NSW.

No Win No Fee.

5-star reviews, great communication and a high success rate.

Proudly serving clients throughout NSW.

How much does it cost to contest a will in NSW?

We offer a No Win No Fee agreement for will disputes.

This means, in most cases, you won’t be out of pocket.

Learn more here.

Do you offer No Win, No Fee for will disputes?

Yes, we offer No Win, No Fee for will disputes to suitable clients.

A No Win, No Fee agreement means that (if you hire us) you are not required to pay our legal or professional fees UNTIL your case is settled and funds are disbursed.

Any legal fees will then be paid from the estate in dispute.

Want to learn more?

Who can contest a will in NSW? Am I an eligible person?

The following people could be eligible to contest a will in NSW:

Spouses
Former Spouses
De Facto Partners
Children
Step Children
Grandchildren
Members of the deceased’s household who were dependent on the deceased
People in close personal relationships who lived with deceased

***

Read: Who can contest a Will in NSW?

What if I'm NOT an 'eligible person' to contest a will in NSW?

If you are not an eligible person, then you cannot contest a will.

But, you might be able to challenge a will or dispute a will in other ways.

Not sure if you’re eligible?

What are the grounds for contesting a will in NSW?

If you answer ‘yes’ to the following questions, you may have grounds to contest a will in NSW:

Are you an eligible person?
Are you still within the time limit for contesting a will?
Is the deceased estate mostly located in NSW?
Have you been unfairly provided for in the will or not provided for at all?
Do you have any ‘need’? (i.e. if the Court was to take a look at your current situation (finances, debts, assets, investments, expenses, education needs, employment, etc.) would they determine that you are someone in need of financial provision from the deceased’s will?

If you answered ‘no’ to any of these questions, we still encourage you to contact us for a FREE case assessment.

How do I contest a will in NSW?

In legal terms, contesting a Will refers to an interested person contesting the validity of a Will.

If you are thinking of contesting a Will, you may want to know:

Are you eligible to contest a Will?
On what grounds you can contest a Will.
How long you have to contest a Will.
How you begin the process of contesting a Will.

For all of this information and more, read through our section on Contesting a Will.

Can a will be contested without a lawyer?

Yes, you can contest a will without a lawyer.

But you might not achieve a favourable outcome.

Will dispute law can be quite complex.

Every case is unique and needs to be considered on its merits.

An experienced will dispute lawyer can help you get the most favourable outcome.

This can also save time, money and stress.

Since 2009 there has been a significant rise in the number of Wills and Estates in dispute.

As a result, many law firms have included Will disputes in their area of practice.

They have seen it as an opportunity to get more work.

It helps to be careful when engaging lawyers from firms like this.

The concern is that these law firms practice many areas of law such as criminal law, family law and conveyancing.

As a result, they may not have much experience with resolving disputes concerning Wills and Estates.

Often you will find that these law firms only provide legal services for Will Disputes.

They won’t offer legal services for Probate or Wills and Estate Planning.

The practice of law when dealing with making a Will, planning for your Estate to be passed on tax effectively, the process of Probate and contesting or defending a Will dispute is all closely related.

Working with a lawyer who has experience in each of these areas can help you to navigate your situation in a more timely and less expensive way.

We understand that people may make decisions to go with law firms based on the cheapest option.

Legal disputes can be expensive.

For this reason, choosing a specialist Will dispute lawyer will help you achieve a more favourable outcome at a lower cost.

It is the knowledge of the law and the experience with many different cases, which helps to resolve a dispute in a timely and less expensive way.

The lawyer can make decisions confidently and provide advice competently which often leads to a resolution at mediation rather than proceeding to a court hearing where it becomes more costly.

Why should I hire a will dispute lawyer?

There are many reasons why you should consider hiring a Will Dispute Lawyer.

Engaging a Will dispute lawyer in the practice of Will disputes can help you resolve matters in a timely and cost-effective manner.

All Will disputes in NSW are heard in the Supreme Court and follow a strict process.

An experienced Will dispute lawyer can help you navigate this process more quickly and easily than a general practice solicitor because they know:

How the court expects affidavits to be prepared.
What the judge expects of you.
What to look for in the preparation of evidence.
What a successful settlement outcome would be.

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Why do people contest wills?

Will disputes can be generally divided into two main categories:

1. Family Provision Claims.

In NSW the law provides for eligible persons to be adequately provided for in a Will.

We discuss who is defined as an eligible person on the Family Provision Claim page.

In Australia 5-6% of families comprise stepchildren.

There are more blended families than ever before.

Recognising this, lawmakers updated the definition of people who are entitled to be provided for in a Will.

Together with elevated property prices and compulsory superannuation laws that provide for substantial estate values, more people than ever are challenging Wills.

Family Provision Claims are the most common type of Will dispute.

If you believe you were unfairly left out of a Will or that you didn’t receive a fair share of an estate, click here to find out all the information you need to know about Family Provision Claims

2. Contesting the validity of a Will.

The other reason people contest Wills is if they consider the Will to be invalid. Under the law, there are a number of processes that need to be followed for a Will to be judged as valid.

You are also required to be an “interested person” in order to file a claim that a Will is invalid.

We discuss these issues in more detail on our Contesting a Will page.

If you have been nominated as an executor of a Will and someone is challenging the Will it will be helpful for you to read the information we have provided on the Defending a Will page.

Whatever your circumstances, whether you’re contesting or defending a Will, the laws and processes are complex.

To obtain a favourable outcome you will need to speak with an expert Will Dispute Lawyer.

Read the information on this page to help you make a decision about who you should rely on to get reliable advice.

Your initial consultation with us is free of charge so if you would like to Get In Touch with one of our lawyers now, click here.

What is a Family Provision Claim?

Family Provision Claims are applied for when an eligible person has not been adequately provided for in a Will as required by law.

In legal terms, these claims are referred to as challenging a Will.

If you are thinking of filing a Family Provision Claim, you may want to know:

Are you an eligible person as defined in the Family Provision Act?
On what grounds you can challenge a Will.
How long you have to file a Family Provision Claim.
What you need to prove to successfully challenge a Will.

For all of this information and more, read through our section on Family Provision Claims.

What if I need to defend a will?

If you are the executor or beneficiary of a Will and someone decides to contest or challenge the Will, you are responsible for defending the interests of the testator (the person who made the Will).

In these circumstances, it can be a very complex process to navigate. Here, we help you with some of the information you will need to know when deciding how to proceed.

Looking for the best Sydney Will Dispute Lawyer?

Consider Heckenberg Lawyers.

We have over 25 years of experience in will disputes, estate planning, probate and creating wills.

5-star review, great communication and no win no fee for will disputes.

Please call us here for a chat with a Sydney Will Dispute Lawyer (obligation-free).

Value Of Estate For Probate	Filing Fee
Less than $100,000	Nil
$100,000 or more, but less than $250,000	$863
$250,000 or more, but less than $500,000	$1,171
$500,000 or more, but less than $1,000,000	$1,797
$1,000,000 or more, but less than $2,000,000	$2,394
$2,000,000 or more, but less than $5,000,000	$3,991
$5,000,000 or more	$6,652

Services – Heckenberg Lawyers

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