Wills, Probate, Estate Administration & Powers of Attorney

If you need assistance with:

·   Preparing a will

·   Applying for probate

·     Challenging probate

·     Administering an estate

·     Preparing and/or filing a power of attorney

Contact our office and speak to our Solicitors.

WILLS

A will is a legal document that names the people (beneficiaries) you want to receive the property and possessions you own at the date of your death. Your property and possessions include everything you own such as your house, land, car, money, insurance policies, shares, jewellery and furniture.  

By preparing a will you can ensure that your assets will be distributed according to your wished after you die.

In order for your will to be valid it must be:

·     Written

·     Signed and

·      Witnessed  

It is important to keep your will up to date. It can be varied at any time. 

If you do not have a will at the date of your death it can leave your loved ones with hardship and worry facing complicated legal procedures.

PROBATE

If you have been named as an executor in someone’s will you have certain duties and obligations. 

You are required to apply to the Probate Registry of the Supreme Court for a grant of probate. Probate is an order of the court saying that the will is valid and that the executor has the right to administer the estate. 

When applying for probate we can assist you to;

·       Placing a public notice

·       Complete a number of forms

·       Obtain documentary evidence of death, proof of proper signing and attestation of the will, and;

·        Obtain details of assets and liabilities.

ADMINISTRATION

Once you have been granted probate the estate of the deceased can be administered to the named beneficiaries. We can assist you with the administration ensuring that matters are dealt with efficiently and professionally.

POWER OF ATTORNEY

A power of attorney is an authority given by the principal to an attorney to execute instruments and act for and on behalf of the principal as regards their financial and property matters.  

The document gives the attorney the authority to buy and sell real estate, shares and other assets for the principal, to operate the principal’s bank accounts, to spend the principal’s money on behalf of the principal and to exercise many other powers.  

The attorney is prohibited from using the principal's money for gifts, benefits, or reasonable living and medical expenses to or for the attorney or third parties unless specifically authorised in the power of attorney.  

A power of attorney does not allow the attorney to make decisions regarding health or lifestyle decisions these matters may be delegated by appointing an enduring guardian. 

You do not have to register a power of attorney however if your attorney is going to sell, mortgage, lease or otherwise deal with your real estate you must register it with the Department of Lands in Sydney.