Over 60% of Australians don't have a will; dying intestate means the government distributes your assets.
Lawyers assist with drafting wills contesting wills and managing probate often with fixed fees or free consultations.
Choose a lawyer by researching their specialisation understanding their fee structure and assessing their experience.
Every year, an estimated 40% of Australians pass away without a will or adequate estate planning. This can cause stress and unwanted disputes for those left behind.
If you're looking for tailored help with your will, including the process of probate, then you're in the right place. Read on to find out more about the services of wills and estate lawyers in Sydney.
How can a wills and estate lawyer help me?
A wills and estate lawyer can help you with the management of a will, including any plans you may have for the property you own. This may include:
Drafting a will. A wills and estate lawyer can help you draft the legal document that works out how you will distribute your assets after your death.
Contesting a will. If you feel the will of a deceased person isn't right, a lawyer can help you to challenge it.
Probate and estate management. After your death, a wills and estate lawyer will help your loved ones with the process of probate and finalise the transfer of your property in the manner you've chosen.
Our expert says
"Did you know that if you die without a will (intestate) then the government gets to divvy up your stuff, according to a set formula? Or that when you marry, any existing will you have goes out the window? I didn't, until I got a will set up after I got married! My wife and I wanted to make sure the other would be appropriately looked after if one of us dies unexpectedly. That's sorted now, but we were both kind of shocked to discover it wouldn't be an automatic process if we didn't have a will in place. So if you're over 18, or if you've recently gotten married, make sure you get a will ASAP. "
There are plenty of wills and estate lawyers to choose from in and around Sydney. These include:You may also want to get in touch with some online legal companies. These virtual firms, such as Lawpath or LegalVision, provide access to dozens of online lawyers and legal templates to help you craft your own agreements.
More wills during the pandemic
There was a 33% uptick in people taking one a will during the pandemic. Yet a 2022 survey revealed that 60% of Australians don't have a will. Aussie women were the least likely to have their affairs in order with less than 1 in 3 (31%) with a will, compared to half of men (50%).
How to choose a wills and estate lawyer in Sydney
It's usually a good idea to contact a few different lawyers for some quotes before deciding on the one you want to work with.
Here are a few points to consider while you compare wills and estate lawyers in Sydney:
Research the lawyer. Do a comprehensive Google search on the lawyer. Are there any credible reviews and, if so, how satisfied have the clients been overall?
Approach the right lawyer. Lawyers aren't a "one size fits all" solution. Different lawyers will specialise in different areas of law. Make sure you're after a lawyer who specialises in wills and estate law.
Know their fee structure. Make sure the lawyer is transparent about their fees. Will they charge per hour or as a fixed fee?
Types of support offered. Does the lawyer offer in-person visits or are interactions mainly conducted via email and telephone?
Find out their experience. Has the lawyer handled a matter similar to yours? Don't be afraid to ask the lawyer about previous settlements and experiences.
Communication. As a client, you don't want to be kept in the dark about your case. Ask the lawyer how they prefer to communicate with their clients and how often you might expect to hear from them.
Frequently asked questions
An enduring power of attorney EPA is a legal document that allows you to appoint someone to make financial and legal decisions for you if you lose the capacity to do so yourself. Unlike a general power of attorney an EPA continues to be effective even if you become mentally incapacitated. It is a crucial part of comprehensive estate planning providing peace of mind that your affairs will be managed by someone you trust should you be unable to.
It is advisable to review your will every three to five years or whenever a significant life event occurs. Major life changes such as marriage divorce the birth or adoption of children the death of a beneficiary or executor or a substantial change in your assets or financial circumstances can all impact the effectiveness of your will. Regularly updating your will ensures it accurately reflects your wishes and remains legally sound.
The executor of a will is the person you appoint to manage your estate and carry out your wishes as outlined in your will after your death. Their responsibilities typically include applying for probate collecting assets paying debts taxes and other expenses distributing assets to beneficiaries and maintaining accurate records of all transactions. It is a significant responsibility and executors often seek legal guidance from an estate lawyer.
While it is technically possible to write your own will using online templates or kits engaging a specialist wills and estate lawyer is strongly recommended. DIY wills can be prone to errors ambiguities or invalid clauses which may lead to disputes or an intestate estate. A lawyer ensures your will is legally valid properly executed and tailored to your specific circumstances providing clarity and preventing future complications.
Contesting a will in New South Wales typically involves a Family Provision Claim under the Succession Act 2006 NSW. This allows eligible persons such as a spouse de facto partner child or financially dependent person to seek a share or a larger share of the deceased person's estate if they believe they have not been adequately provided for. The process involves legal action and requires demonstrating a legitimate claim for provision. Seeking legal advice from an estate lawyer is essential if you wish to contest a will.
In Australia superannuation is generally not automatically part of your estate and therefore not directly controlled by your will. Instead your super fund trustee distributes your super benefits upon your death according to the fund's rules or a valid binding death benefit nomination BDBN you have made. It is crucial to set up a valid BDBN to ensure your super benefits go to your chosen beneficiaries otherwise the trustee has discretion. An estate lawyer can help coordinate your superannuation arrangements with your overall estate plan.
A testamentary trust is a trust established through your will which comes into effect after your death. It holds assets for your beneficiaries and can offer significant advantages such as asset protection from creditors or relationship breakdowns and potential tax benefits particularly for minor beneficiaries. You might consider a testamentary trust if you have complex family situations beneficiaries with special needs or if you want to provide for your loved ones over an extended period or in stages.
Your original will and other important estate planning documents such as enduring powers of attorney or advanced care directives should be kept in a safe secure and easily accessible place. Some people choose to store them with their solicitor or in a fireproof safe at home. It is crucial that your executor knows where these documents are located and how to access them when needed. Avoid bank safe deposit boxes as they can be difficult to access after death.
Lukas Reinhardt is a writer at Finder. Lukas has a Bachelor of Science in Environmental Economics from the University of York and a Masters in Industrial Engineering from the University of Cambridge. He’s passionate about all things business, food, and sustainability.
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James Martin was the insurance editor at Finder. He has written on a range of insurance and finance topics for over 7 years. James often shares his insurance expertise as a media spokesperson and has appeared on Prime 7 News, Insurance News, 7NEWS and The Guardian. An experienced journalist, James' work has featured in publications including The Irish Times, Companies100 and In Business. He holds a Tier 1 General Insurance (General Advice) certification and a Tier 1 Generic Knowledge certification, both of which meet the requirements of ASIC Regulatory Guide 146 (RG146).
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