Wills, Succession & Probate

Angophora Legal acts for clients in drafting wills, reviewing wills and advising clients on their succession planning. Angophora Legal also acts for clients in obtaining Grants of Probate from the Supreme Court of New South Wales and acting in litigation involving contested estates, including family provision claims.

Succession Planning and Drafting your Will

The first step is to hold a comprehensive consultation identifying your wishes for what should happen to your assets and finances. Understanding your wishes and your personal circumstances is critical to ensuring a Will is professionally drafted to cater for any uncertainties and is individually tailored to your personal and family circumstances.

In drafting your Will, Angophora Legal will carefully guide and the following critical factors for successful Will drafting and estate/ succession planning:

  • The role of Executor/s

  • The process of estate administration in NSW

  • Assessing assets and distributions plans

  • Superannuation and business interests

  • Requirements for a valid legal Will

  • Challenges to validity of Wills

  • The operation of family provision claims

  • Tax and/ or duty consequences for estates

  • Requests for individual and family circumstances

  • Testamentary trusts for beneficiaries

  • Signing and storage of Will document

    Note: We also draft Power of Attorneys and/ or Enduring Guardianship documents

Angophora Legal provides fixed fee services for will drafting services and acting for executors in obtaining a Grant of Probate. A fixed fee quote will be provided to you following an obligation free consultation.

Grants of Probate and Letters of Administration

Angophora Legal is here to walk you through each step of the process to ensure proper administration of the Estate including:

  • Collecting information about assets, debts and other financial matters

  • Drafting and filing of Court documents

  • Following Court procedures and liaising with the Court

  • Contacting banks and financial institutions

  • Obtaining appraisals and valuations

  • Dealing with intestacy

  • Advising executors on administering estates and record keeping

  • Communicating with beneficiaries

  • Legal representation for defending any claims against the Estate

  • Assistance with finalising the administration process

  • Attend to any Estate related conveyancing including property transfers, sale of property, discharge of mortgages, removal of caveats etc.

  • Advice on taxes and duties

  • Legal advice and guidance on any disputes or claims

Family Provision Claims

If a person dies in New South Wales or leaves assets in New South Wales, claims against deceased estates seeking a greater share of the deceased’s assets are generally governed by the Succession Act 2006 (NSW). The first step is to establish whether a claimant is an eligible person or is a person within a recognised category of claimants. This may or may not entitle a person to make a claim as the remainder of the process involves greater complexity on a case-by-case basis.

If you believe that you are entitled to a greater share of a deceased estate, or that you have been left out of a will in unreasonable circumstances, you should arrange a legal consultation as early as possible to discuss your potential claim and the steps involved in making such a claim.

The Courts encourage all parties to explore mediation and dispute resolution in family provision claims and Angophora Legal supports mediation to assist parties in reaching resolution at the earliest possible stage. Where this is not possible, Angophora Legal is focused on proficient and diligent legal representation to advocate in the best interests of their clients at all times.

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Need Trusted Legal Advice? Schedule a Free Consultation

The first step is arranging in-depth confidential consultation with you to understand and assess your case so that we can discuss the range of options available to you. Call 02 9238 2274 or email info@angophoralegal.com.au to schedule an initial obligation free consultation or to obtain a quote for our fixed fee will drafting and probate services.