Turnbull Hill Lawyers
- Work with a professional legal team that specialises in family law and divorce.
- Available in Sydney, Newcastle, and the Hunter and Central Coast regions.
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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.
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:
There are plenty of wills and estate lawyers to choose from in and around Sydney. These include as follows:
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. Find out more about online legal services.
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:
If you believe there was foul play involved with a will, then there may be circumstances in which you can challenge this in a New South Wales court.
Such instances may include:
What is a will and what's usually included in one?
Essentially, a will is a legal document that explains "who gets what" after your death. Therefore, it's important to include which assets will be handed to who. Other important information to include is to name someone who will be responsible for carrying out the terms of the will. Find out more about writing a will here.
Can I prepare my own will without a lawyer?
While you can prepare your will by yourself, you need to ensure it meets the legal requirements of your state. The will should be notarised by a legal professional. If you're unsure about your will then you should consider hiring a lawyer.
What exactly is probate?
Probate is the legal process of executing the will and distributing the estate of a deceased person. The executor is typically named in the will and can be a family member or a lawyer.
This person is responsible for paying any debts and filing taxes on behalf of the deceased. Moreover, they oversee the process of distributing the estate.
What happens during the probate process?
Before the estate of the deceased is distributed, the probate process must be completed. What happens during this process is briefly outlined as follows:
What are the probate filing fees in Sydney?
In Sydney and the rest of NSW, everything concerning wills and estates is dealt with by the Supreme Court. A filing fee is payable to the Supreme Court when an application for probate is made.
|Estate value||Filing fee|
|Less than $100,000||$0|
|Between $100,000 and $250,000||$772|
|Between $250,000 and $500,000||$1,048|
|Between $500,000 and $1 million||$1,607|
|Between $1 million and $2 million||$2,141|
|Between $2 million and $5 million||$3,568|
|Over $5 million||$5,948|
Source: Supreme Court of New South Wales
Can I still challenge a will after probate has been granted?
Yes, it is still possible to challenge a will even after the probate has been granted. If the probate has been granted, then you have to prove why the grant must be revoked. An experienced lawyer can discuss what this process involves and help you challenge a will.
What happens to my assets if I don't have a will in place?
If there's no will upon your death, then the New South Wales Succession Act 2006 outlines the order in which relatives will inherit the assets.
This Act states that your spouse will be entitled to your estate. If there is no spouse then the estate is handed to the children.
If there are no children then it will be passed on to the parents, siblings and eventually aunts and uncles.
The Succession Act 2006 is a fallback option for the government if there is no will. However, it may not be your preferred way of distributing your estate after your death.
You may want to contact a wills and estate lawyer to draft a will, plan how your estate(s) will be managed and distribute your estate before it's too late.Back to top
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