A legal document that deals with the disposal of ones property following their death. It may also deal with the guardianship of infant children.

It is the only way to be certain that a lifetimes work spent building up assets is passed onto your nominated beneficiaries. It also ensures an early and cost efficient administration and distribution of your estate.

Simple Will – $300 + GST (Price is per person. 50% discount applies for the second person in a couple provided documents are generally similar)
Testamentary Trust Wills (Complex Will) – $300 + GST per hour (A typical complex Will takes 2 -4 hours to prepare and execute)

There is no way to prevent an eligible person from contesting a Will in New South Wales. It is possible, however, for a testator to take certain steps to limit the grounds for contesting a Will and make arrangements before their death to gift assets, or structure their estate so that they are not included in the deceased estate.

The beneficiary of a Will has several rights, including the right to be informed as to whether the deceased left a valid will, a copy of any Will, the nature and extent of the deceased estate, to be kept reasonably informed of the progress of any estate application and the assets and liabilities of the estate including requesting that accounts be made available for inspection.

A person who dies without a Will is said to have died intestate. An intestate’s estate is distributed in accordance with legislation. Your assets will then be distributed according to a pre-determined formula with certain family members receiving a defined percentage of your assets, which may not accord with your general wishes. If you die intestate and have no surviving relatives closer than cousins, the State Government will receive your estate.

After you pass away your Executor/s are responsible for realising and administering your estate. If you own real estate, shares or assets above a certain value, you will be required to apply to the Supreme Court of NSW for an Order, referred to as a Grant of Probate, permitting the Executor/s to deal with those assets. Some assets, such as a motor vehicle can be transferred without a Grant of Probate – the production of a certified copy of the Will and Death Certificate to Services NSW will usually suffice. An executor should make an application for a Grant of Probate within six (6) months of the date of death. The Supreme Court updates current processing times for probate applications here https://supremecourt.nsw.gov.au/wills-probate.html

If you have an interest in a deceased estate you can challenge the Will in the Supreme Court of NSW if you believe the Will is not legally valid, on the basis of fraud, undue influence, or because the will-maker lacked testamentary capacity. Otherwise, if you are an eligible person who has not been provided for at all/adequately from an estate, this is also a basis for disputing a Will. An eligible person is defined in s57 of the Succession Act 2006 (NSW) and includes a spouse (including a de facto spouse), a child, a person who was, at any particular time, wholly or partly dependent on the deceased person, and is a grandchild of the deceased person or was a member of the household of which the deceased person was a member. Any claim against an estate must be bought within a year of the date of death.

 Our professional fees for the preparation and execution of a POA and/or EG is $300 + GST per person, per document. We offer a 50% discount on the second POA or EG for couples, where the documents are generally similar.

A legal document enabling another person to make decisions on your behalf with respect to property and finances. The power operates from the time specified in the power and is subject to restrictions specified in the document. This legal document enables an Attorney to do what you would normally lawfully do yourself.  For example your Attorney can do the following:

• Do your banking.

• Decide how to invest income.

• Sign legal documents.

• Collect or pay rent.

• Transfer assets.

In some jurisdictions there is provision for an attorney pursuant to an enduring power of attorney to make decisions in relation to medical treatment where the principal is mentally incapable of making such decisions. There is no provision in NSW for this role to be taken on by an attorney. This position in NSW is covered in a document called an “Enduring Guardianship” or an “Advanced Care Directive”.

This is a legal document that enables another person to make personal and lifestyle decisions on your behalf. The Enduring Guardianship only operates during times of incapacity when you are in need of a guardian by reason of disability which renders you totally or partially incapable of managing your person.

An enduring guardian may exercise the following functions;

• To decide where you live

• To decide what health care you receive

• To decide what other kinds of personal service you receive

• To consent to the carrying out of medical or dental treatment on you

• To decide whether medical treatment should be provided to you where you are in a terminal phase of an incurable or irreversible illness, in a coma, in a persistent vegetative state or so seriously ill that you are unlikely to recover without the use of life sustaining measures (you can decide in these circumstances that you do not wish to have medical treatment)

It will have no effect.

No, however when transferring property, the Power of Attorney must be registered.

Yes while you have mental capacity to do so.

Decisions should be made by a “responsible person” in consultation with the appropriate service provider. If a responsible person is unable or unwilling to act then an application will have to be made to the Guardianship Tribunal.  This can be costly and time consuming.