CM Lawyers: Your Expert Will and Estate Lawyers in NSW

When planning your legacy, securing experienced legal support is essential. At CM Lawyers, our team of will and estate lawyers in NSW is dedicated to helping you navigate the complexities of estate planning, including drafting, managing, and, when necessary, assisting you in disputing a will in NSW. With years of experience in wills estate lawyers, we are committed to protecting your interests and ensuring your estate plan meets your needs.

Will Preparation and Estate Planning Services

Creating a will is essential for everyone, and CM Lawyers offers extensive experience to make the process straightforward and stress-free. Our will lawyers can guide you through each step, from drafting your first will to making updates as your circumstances change. Whether you're making a will NSW or planning an estate will attorney meeting, our team is here to ensure your wishes are clearly outlined and legally compliant. For those searching for Will lawyer near me or lawyers that do wills, we provide accessible, local support for all your estate planning needs.

Our attorneys cover all aspects of estate planning, including lawyer estate will services, property distribution, and advice on family inheritance matters. Whether you need a will and testament attorney or a property law attorney near me to guide you on asset distribution, CM Lawyers is dedicated to supporting your family’s future. We are known for our empathetic approach to sensitive estate matters, ensuring your estate plan accurately reflects your intentions.

Challenging and Disputing Wills in NSW

In cases where beneficiaries feel that a will may not fully reflect the deceased's intentions, CM Lawyers offers specialized legal support to challenge a will NSW. Disputes over a will can arise for many reasons, and our team understands the sensitive nature of these cases. We provide professional guidance and representation for clients disputing a will NSW and can help you navigate the complex legal requirements involved in disputing a will in NSW.

If you're unsure whether you have grounds to challenge a will, our legal will lawyer experts are available to discuss your options and assess the viability of your case. At CM Lawyers, we prioritize a respectful approach to family matters, ensuring that all parties involved are treated with understanding and professionalism. For those seeking attorney for wills and estates or will and estate lawyers with proven experience in NSW, our team is ready to help.

Comprehensive Will and Testament Services Near You

Finding reliable lawyers that do wills near me is essential for protecting your assets and ensuring your wishes are honored. At CM Lawyers, we provide a full suite of estate services, including will and testament attorney near me options and attorney for wills near me consultations. Our wills estate lawyers are committed to supporting our clients in every aspect of estate planning, ensuring that their legacies are secure and accurately documented.

Our team of lawyers for estates and wills in NSW is prepared to assist with all aspects of the will-making process, from establishing inheritance guidelines to determining guardianship arrangements. If you're interested in creating a will NSW, CM Lawyers offers an accessible and experienced legal team ready to provide personalized support.

Why Choose CM Lawyers?

Our firm has built a reputation as one of NSW’s leading will solicitors near me, offering personalized guidance tailored to each client’s unique needs. Our attorneys that do wills possess in-depth knowledge of NSW estate law, ensuring you receive comprehensive advice on everything from asset management to long-term guardianship plans.

If you're concerned about accessibility, we also provide free will service for pensioners NSW, allowing all individuals to create a secure, legally binding will that reflects their wishes. This commitment extends to providing accessible services to clients looking for a lawyer near me for a will or property attorney near me.

Property and Real Estate Law Assistance

For clients with property holdings, finding a real estate lawyer who understands both estate and property law is invaluable. CM Lawyers offers expert guidance for those managing assets in NSW. We are here to provide you with informed advice on real estate distribution as part of your estate plan. As experienced property attorney near me professionals, we know how important it is to protect your legacy while addressing legal requirements related to property.

In addition, our team of probate lawyer experts is available to support you in navigating the probate process. From will validation to overseeing the distribution of assets, we are equipped to ensure all legal aspects of your estate are managed smoothly and efficiently.

Securing your legacy for the years to come.

Wills and estate planning are fundamental components of financial security, both during your lifetime and after you're gone. Proper estate planning allows you to maintain control over your assets and ensure that your financial affairs are in order. By creating a will, you make clear decisions about how your property, investments, and personal belongings will be distributed, which helps to protect your loved ones from potential conflicts and confusion.

Estate planning also serves as a testament to the love and care you have for your family. It ensures that your wishes are respected and that your loved ones are provided for according to your preferences. Whether it’s making provisions for family members, setting up trusts, or designating guardians for minor children, your estate plan reflects your commitment to their well-being and future security.

Moreover, a well-thought-out estate plan helps to preserve your legacy, ensuring that your values and intentions are honored. It can also offer peace of mind, knowing that your financial affairs will be handled smoothly and in accordance with your wishes, without unnecessary stress or legal complications for your family.

What is a Deceased Estate?

A deceased estate is the totality of a person’s assets and liabilities at the time of their death. This includes:

• Real Estate: Properties such as houses, land, and other real estate holdings.
• Financial Assets: Bank accounts, investment portfolios, shares, and other financial instruments.
• Personal Property: Items such as vehicles, jewelry, artwork, and personal effects.
• Business Interests: Ownership interests in businesses or partnerships.

The estate also includes any debts or liabilities left by the deceased, which must be settled before the estate can be distributed to the beneficiaries. For instance, domestic pets are considered part of the estate, while jointly owned property typically passes directly to the surviving co-owner and does not form part of the deceased’s estate. Additionally, assets held in trust or by a company, or those with nominated beneficiaries (like certain life insurance policies), are generally excluded from the estate unless a court orders otherwise.

Detailed Asset and Liability Management:

• Assets: Executors must compile a detailed inventory of all assets, including their estimated values, to ensure comprehensive management and distribution.
• Liabilities: All outstanding debts, such as mortgages, personal loans, and credit card balances, must be identified and paid from the estate’s assets before any distribution to beneficiaries.

Who Administers a Deceased Estate?

The administration of a deceased estate is typically carried out by an executor appointed in the deceased’s will. The executor has several critical responsibilities, including:

• Collecting Assets: Gathering and securing all assets of the estate, including real estate, financial holdings, and personal belongings.
• Paying Debts: Settling any debts and liabilities from the estate’s assets, including taxes and outstanding loans.
• Distributing the Estate: Distributing the remaining assets to the beneficiaries according to the terms specified in the will.

In cases where the deceased did not leave a valid will, the estate is managed according to intestacy laws. The Supreme Court of NSW will appoint an administrator to manage the estate. The administrator’s role is similar to that of an executor but must follow statutory rules for distribution rather than the deceased’s specific instructions.

Distinguishing Between Executors and Administrators:

• Executor: Appointed by the deceased’s will; responsible for following the will’s provisions.
• Administrator: Appointed by the court in the absence of a will; must follow intestacy laws to distribute the estate.

Handling Debts of a Deceased Estate

This section focuses on the primary responsibilities in the debt settlement process of a deceased estate and managing insolvency. Below is an infographic for quick information, while more details can be found below.

One of the primary responsibilities in managing a deceased estate is the settlement of any outstanding debts. This involves:

• Immediate Expenses: Paying for funeral expenses and other testamentary costs promptly.
• Tax Obligations: Filing a final tax return on behalf of the deceased and addressing any unpaid taxes, including those related to superannuation or capital gains.
• Debt Settlement: Settling all other debts, such as credit card debts and personal loans.

Certain assets, including life insurance payouts and superannuation death benefits, are generally protected from being used to pay off the deceased’s debts. However, these protections may be challenged if a Notional Estate Claim is filed, and a court decides to include these assets in the estate for debt settlement purposes.

• Managing Insolvency

If the estate’s assets are insufficient to cover all debts, the executor must follow a specific order of payment:

1. 1. Testamentary, Funeral, and Administration Expenses: These are the highest priority and must be paid first.
   2. Taxation Debts: Any outstanding taxes, including those related to superannuation and capital gains, are paid next.
   3. Secured Debts: Debts secured against assets, such as mortgages or car loans, are settled after taxation debts.
   4. Child Support Obligations: Any outstanding child support payments must be addressed.
   5. Unsecured Debts: These debts, such as personal loans and credit card balances, are the lowest priority and may remain unpaid if the estate is insolvent.

In cases where the estate cannot cover all unsecured debts, those debts may remain unpaid. This can be particularly challenging if the will includes provisions for repaying unsecured loans to family members or friends, as these debts are less likely to be satisfied if the estate lacks sufficient funds.

Wills and Estate Planning

Navigating the legal landscape of wills and estates is crucial for ensuring that a person’s assets are distributed according to their wishes after their death. This section provides a comprehensive guide to the key aspects of wills, including how to draft a valid will, the importance of updating it, and the procedures for making and registering one. It also covers the validity of informal wills and the considerations for urgent will creation. Check out the infographic below for a quick overview of wills in NSW. More details can be found after the photo.

What is a Will?

A will is a formal legal document that outlines how a person’s estate should be distributed upon their death. Key components of a will include:

• Testamentary Instructions: Detailed directions on how the deceased’s assets should be divided among beneficiaries.
• Executor Appointment: Designation of a person responsible for managing the estate and ensuring that the will’s instructions are followed.

To avoid disputes, a will should provide clear and detailed descriptions of the assets. For example, describing a piece of art with specifics such as the artist’s name, title, date, size, and medium is more effective than a vague description. Including details about the item’s location, such as “stored in my safety deposit box at Brisbane Bank on Queen Street,” helps prevent conflicts over asset identification.

Updating a Will

A will should be updated as life circumstances change. Minor modifications can be made through a codicil, which must be executed and witnessed according to legal requirements. For more significant changes, drafting a new will is recommended to ensure clarity and prevent misunderstandings.

Informal Wills

In NSW, a will must comply with specific legal formalities to be valid. Informal wills that do not adhere to these requirements can be challenged. Essential formalities include:

• Written Document: The will must be either handwritten or typewritten.
• Signatures: The testator must sign the will, initial each page, and ensure it is witnessed by two impartial individuals.
• Witnesses: Witnesses must be impartial and cannot be the testator’s spouse or a beneficiary of the will.

Despite these requirements, the court will strive to uphold the deceased’s wishes even if the will is informal, although adherence to legal formalities is crucial to avoid complications.

Who can make a will?

Any adult with the requisite testamentary capacity can make a will. In certain situations, a minor who is married, contemplating marriage, or has significant financial interests may also be permitted to make a will. The testator must fully understand the implications of their decisions and must act voluntarily, without undue influence.

Enduring Power of Attorney

An individual with enduring power of attorney can still make a will if they possess testamentary capacity. Solicitors will assess this capacity, particularly in urgent situations, and may seek medical opinions to confirm the testator’s understanding and intent.

Wills Written Under Urgent Instruction

Wills created under urgent circumstances, such as when the testator is near death, are particularly vulnerable to challenges regarding testamentary capacity. Solicitors must take specific measures to protect the validity of such wills, including:

• Private Meetings: Conducting private consultations with the testator or with an independent interpreter to ensure clear communication.
• Capacity Assessment: Asking detailed questions to assess the testator’s understanding of their estate, their beneficiaries, and their distribution wishes.
• Medical Review: Evaluating any medication or health conditions that might affect the testator’s capacity.

Registration of Wills in NSW

NSW does not have a public registry for wills, but there are private options for storing them. The NSW Trustee & Guardian offers storage services for wills, powers of attorney, and enduring guardianship documents. Additionally, individuals may voluntarily lodge a will with the Probate Registry of the Supreme Court of NSW, though this is infrequently used and does not guarantee that the lodged document is the latest will.

Challenging a Will

Challenging a will involves disputing its validity or the conditions under which it was created. This process is essential when there are substantial concerns that the will does not accurately represent the testator’s true intentions or was not executed under lawful conditions. Grounds for challenging a will include issues related to the testator’s mental capacity, undue influence from others, fraudulent actions, or non-compliance with legal formalities. Successfully challenging a will requires presenting compelling evidence and following a structured legal process.

Grounds for Challenging a Will

1. Lack of Testamentary Capacity
   • Description: This challenge argues that the testator lacked the mental capacity necessary to understand the nature of their estate or the implications of their will at the time of its creation. Testamentary capacity encompasses the ability to comprehend the extent of one’s assets, recognize potential beneficiaries, and understand the effects of the will’s provisions.
   • Evidence Needed: Medical records, expert opinions from healthcare professionals, and testimonies from individuals familiar with the testator’s mental state can substantiate this claim.
2. Undue Influence
   • Description: Claims of undue influence suggest that the testator was coerced, manipulated, or unduly pressured by another person in the creation or alteration of the will. This ground involves proving that the testator’s decisions were not made freely but were influenced by another party.
   • Evidence Needed: Evidence may include communications, witness testimonies, and proof of coercive behavior or manipulation exerted on the testator.
3. Fraud
   • Description: Allegations of fraud involve claims that the will was forged or that fraudulent misrepresentations were made to the testator. This includes scenarios where signatures were falsified or where deceitful actions were taken to alter the testator’s intentions.
   • Evidence Needed: Evidence such as forged signatures, falsified documents, or deceitful actions impacting the will’s validity is required to support this claim.
4. Failure to Comply with Legal Formalities
   • Description: A will must meet specific legal requirements to be valid. If a will does not adhere to these requirements—such as improper signing or witnessing—it may be challenged on these grounds.
   • Evidence Needed: Documentation showing non-compliance with legal formalities, such as incorrect witnessing or missing signatures, is necessary to support this challenge.

Procedure for Challenging a Will

1. Seek Legal Advice
   • Description: Consult with a solicitor specializing in estate disputes to evaluate the validity of the challenge and determine the best course of action based on the specifics of the case.
2. Gather Evidence
   • Description: Collect all relevant documents, witness statements, and other evidence to support the challenge. This might include medical records, proof of undue influence, or evidence of fraud.
3. Initiate Legal Proceedings
   • Description: If informal resolution attempts fail, legal action may be necessary. This involves filing a claim with the Supreme Court of NSW and engaging in court proceedings.
4. Court Hearing
   • Description: Present the evidence before the court, which will review the claims and make a determination based on the presented facts and legal arguments.

Possible Outcomes of Challenging a Will

1. Invalidation of the Will
   • Description: The court may declare the will invalid, leading to the distribution of the estate according to intestacy laws or a previously valid will.
2. Amendment of the Will
   • Description: The court may amend the will to reflect what it determines to be the true intentions of the deceased, based on the evidence provided.
3. Settlement
   • Description: In some cases, parties may reach an out-of-court settlement to resolve the dispute, avoiding prolonged litigation.

Contesting a Will

Contesting a will involves legally disputing its validity or the manner in which it was executed. This process is undertaken when there are serious concerns that the will either does not accurately reflect the deceased’s intentions or was not prepared in accordance with legal requirements. Grounds for contesting a will can include issues such as the testator’s mental capacity, undue influence, fraud, or non-compliance with legal formalities. The procedure for contesting a will requires careful adherence to legal protocols and thorough presentation of evidence.

Grounds for Contesting a Will

1. Lack of Testamentary Capacity
   • Description: Contesting a will on the grounds of lack of testamentary capacity argues that the testator did not possess the mental ability to understand their estate or the effects of their will when it was made. This includes understanding the nature of their assets and recognizing beneficiaries.
   • Evidence Needed: Relevant evidence may include medical records, expert testimony from healthcare professionals, and statements from individuals who observed the testator’s cognitive state.
2. Undue Influence
   • Description: Claims of undue influence involve asserting that the testator was coerced or manipulated by another person in creating or altering the will. This ground requires demonstrating that the testator’s decisions were unduly influenced by someone who stands to benefit from the will.
   • Evidence Needed: To support claims of undue influence, evidence such as communications, witness testimonies, and proof of coercive behavior or manipulation is required.
3. Fraud
   • Description: Fraudulent grounds for contesting a will involve claims that the will was executed based on deceitful actions, such as forgery or fraudulent misrepresentations. This includes situations where signatures were forged or the will was altered deceptively.
   • Evidence Needed: Evidence might include documents showing forgery, fraudulent alterations, or deceitful actions impacting the will’s validity.
4. Failure to Comply with Legal Formalities
   • Description: Contesting a will for failure to comply with legal formalities argues that the will was not executed according to required legal standards, such as improper signing or witnessing. Adherence to these formalities is crucial for the validity of a will.
   • Evidence Needed: Documentation that highlights deviations from legal requirements, such as missing signatures or improper witnessing, can support this contest.

Procedure for Contesting a Will

1. Seek Legal Advice
   • Description: Consult with a solicitor who specializes in estate disputes to assess the validity of the contest and determine the appropriate actions to take based on the specifics of the case.
2. Gather Evidence
   • Description: Collect all necessary evidence to support the contest. This includes medical records, witness statements, and documents evidencing fraud or undue influence.
3. Initiate Legal Proceedings
   • Description: If informal negotiations fail, initiate formal legal proceedings by filing a claim with the Supreme Court of NSW. This step involves formally contesting the will through legal channels.
4. Court Hearing
   • Description: Present the gathered evidence during a court hearing. The court will evaluate the evidence, review legal arguments, and make a determination regarding the validity of the will.

Possible Outcomes of Contesting a Will

1. Invalidation of the Will
   • Description: The court may declare the will invalid, resulting in the estate being distributed according to intestacy laws or a previously valid will.
2. Amendment of the Will
   • Description: The court may amend the will to reflect what it determines to be the true intentions of the deceased, based on the evidence presented.
3. Settlement
   • Description: Parties may reach an out-of-court settlement to resolve the dispute, which can provide a quicker resolution and avoid extended litigation.

Key Statistics on Wills

In New South Wales (NSW), the importance of having a will cannot be overstated, yet not everyone has one in place. This section explores some key statistics and trends regarding wills in NSW, shedding light on how residents are planning for the future.

Prevalence of Wills in NSW

According to recent data, approximately 55-60% of adults in NSW have a will. This figure, while significant, highlights that nearly half of the population does not have a will in place. The lack of a will can lead to complications during the probate process and may result in assets being distributed according to the state's intestacy laws rather than the deceased's wishes.

• Adults with Wills: 55-60%
• Adults without Wills: 40-45%

Age and Will Preparation

The likelihood of having a will increases with age. Among those over the age of 55, around 80% have a will, compared to just 30% of adults under 35. This trend reflects a growing awareness of the importance of estate planning as individuals approach retirement and consider their legacy.

• Ages 55 and older: ~80% have a will
• Ages under 35: ~30% have a will

Gender Differences

There are slight gender differences in the prevalence of wills in NSW. Women are slightly more likely to have a will compared to men, with around 58% of women having one, compared to 52% of men. This difference may be attributed to various factors, including women’s longer life expectancy and their role in family financial planning.

• Women with Wills: ~58%
• Men with Wills: ~52%

Impact of Not Having a Will

For those who die without a will (intestate), the distribution of assets can become complex and may not align with what the deceased might have wanted. In NSW, intestate estates are distributed according to a set formula that prioritizes spouses and children but can leave out other relatives or intended beneficiaries. This process can also lead to delays and increased legal costs for surviving family members.

• Complexity and Disputes: In Australia, intestate estates can result in family disputes. A study by the Australian Institute of Family Studies found that about 10-15% of intestate estates lead to family disputes.
• Distribution Delays: According to NSW Trustee & Guardian, the average time to resolve intestate estates can be 6-12 months longer than testate estates due to the additional legal processes involved.
• Increased Costs: The Law Society of New South Wales estimates that legal costs for intestate estates can be 20-30% higher compared to estates where a will is in place.

The Importance of Updating Wills

Even among those who have a will, many fail to update it regularly. Life events such as marriage, divorce, the birth of children, or significant changes in financial circumstances should prompt a review and potential update of a will. However, statistics show that only about 30% of will holders update their wills every five years or after major life events.

• Will holders who update regularly: ~30%

These statistics highlight the importance of having a legally valid and up-to-date will in place. While the majority of older adults in NSW have taken this crucial step, a significant portion of the population remains unprotected. For those without a will, or those who haven’t updated theirs in years, now is the time to ensure their final wishes will be respected.

Our Comprehensive Services

Our Wills and Estates team offers a full spectrum of legal services, ensuring that every aspect of your estate is meticulously managed:

• Making a Will:

  • Drafting a legally-binding will that reflects your exact wishes for asset distribution.
  • Addressing both simple and complex scenarios, including testamentary trusts and the needs of beneficiaries with special considerations, such as disabilities.

• Powers of Attorney:

  • Establishing powers of attorney to ensure that your financial and personal affairs are handled by someone you trust, especially if you become incapacitated.
  • Advising on the different types of powers of attorney, including general and enduring, and their implications.

• Enduring Guardianship:

  • Appointing an enduring guardian to make health and lifestyle decisions on your behalf if you lose the capacity to do so.
  • Ensuring your wishes regarding medical treatment and living arrangements are respected and legally upheld.

• Probate and Estate Administration:

  • Guiding executors through the probate process, from obtaining a grant of probate to managing the administration of the estate.
  • Handling estates with assets in multiple jurisdictions, including resealing grants or obtaining fresh grants in Australia.
  • Assisting with intestacy cases where there is no will, ensuring the estate is distributed according to legal guidelines.

• Estate Litigation and Will Disputes:

  • Representing clients in disputes over the interpretation of wills, family provision claims, and other contentious matters.
  • Expertise in handling complex litigation, including disputes between trustees and beneficiaries, and cases involving unclear or contested wills.
  • Navigating the legal challenges of contesting wills, whether it involves claims for further provision, lack of capacity, undue influence, or breach of trust.

• Testamentary Trusts:

  • Creating testamentary trusts that only take effect upon your death, designed to protect the interests of beneficiaries and manage assets responsibly.
  • Advising on the benefits of trusts, including avoiding probate and providing protection against creditors.

• Family Provision Claims:

  • Assisting eligible individuals, such as spouses, children, and dependents, who believe they have not been adequately provided for in a will.
  • Handling the complex and often emotive process of making a family provision claim, ensuring that your rights are protected.

• Letters of Administration:

  • Applying for letters of administration when a person dies without a will, ensuring that the estate is administered legally and efficiently.
  • Advising on the rights and obligations of administrators and assisting with the distribution of assets according to the law.

• International and Interstate Matters:

  • Expertise in handling estates with international elements, including resealing grants of probate from other jurisdictions.
  • Assisting with the administration of estates that involve assets or beneficiaries in multiple states or countries.

• Asset Protection and Succession Planning:

  • Developing comprehensive estate and business succession plans that protect your assets and ensure a smooth transition to the next generation.
  • Advising on strategies to minimize tax liabilities and protect assets from potential legal challenges.

• Guardianship and Administration Matters:

  • Representing clients in guardianship and administration cases before tribunals such as the Guardianship Division of the NSW Civil and Administrative Tribunal (NCAT).
  • Providing guidance on the legal responsibilities of guardians and administrators, ensuring that vulnerable individuals are protected.

Why Consult Legal Professionals?

Navigating the complexities of Wills and Estates law can be daunting, and even small mistakes can have significant consequences. Whether you’re drafting a will, administering an estate, or dealing with a legal dispute, the guidance of an experienced lawyer is invaluable. Here’s why getting legal help matters:

Expertise in Complex Legal Matters

Wills and Estates law involves various legal issues, including tax implications, real estate matters, and family law intersections. Estate lawyers have the specialized knowledge required to navigate these complexities effectively. They ensure that your estate plan is not only legally sound but also strategically designed to protect your assets and beneficiaries.

• Avoid Common Pitfalls: Many individuals attempt to draft their own wills or handle estate matters without professional assistance, leading to errors such as unclear provisions, improper witness procedures, or failure to update documents after life changes. These mistakes can result in costly litigation, invalid wills, or unintended consequences for your heirs.
• Comprehensive Planning: An estate lawyer can provide a holistic approach to your planning, considering all possible scenarios and ensuring that your estate is structured in a way that minimizes risks and maximizes benefits.

Ensuring Compliance with the Law

The laws governing Wills and Estates vary from state to state, and even seemingly minor details can affect the validity of a will or the outcome of an estate dispute. Legal professionals ensure that all documents comply with the relevant legal requirements, reducing the risk of challenges or disputes after your death.

• State-Specific Knowledge: Estate lawyers are well-versed in the specific laws and regulations of your jurisdiction, ensuring that your will is legally enforceable and that your estate is administered in accordance with local laws.
• Preventing Legal Challenges: A properly drafted and executed will significantly reduces the likelihood of disputes among beneficiaries or challenges to the validity of the document. Legal help is crucial in drafting a clear, unambiguous will that accurately reflects your wishes.

Protecting Your Beneficiaries

Without proper legal guidance, your beneficiaries may face unnecessary taxes, legal disputes, or financial losses. An estate lawyer helps you create a plan that protects your loved ones and ensures that they receive the maximum benefit from your estate.

• Minimizing Tax Liabilities: Estate planning can involve strategies to reduce or eliminate taxes on your estate, ensuring that more of your assets are passed on to your beneficiaries.
• Asset Protection: Lawyers can help set up trusts and other legal structures that protect your assets from creditors, lawsuits, or unintended beneficiaries.

Handling Disputes and Litigation

Estate disputes can be emotionally charged and legally complex. Whether you’re contesting a will or defending against a challenge, legal representation is essential to achieving a fair outcome.

• Expert Negotiation and Representation: Estate lawyers are skilled in negotiation and litigation, providing the necessary expertise to resolve disputes efficiently, whether through settlement or court proceedings.

Peace of Mind

One of the most significant benefits of legal assistance is the peace of mind it provides. Knowing that your estate plan is comprehensive, legally sound, and tailored to your specific needs allows you to focus on what matters most—enjoying your life and caring for your loved ones.

• Confidence in Your Plan: With professional legal help, you can be confident that your estate plan will work as intended, providing for your loved ones and minimizing potential conflicts.
• Ongoing Support: Estate lawyers provide ongoing support, ensuring that your plan is updated as your circumstances change and that your wishes are carried out exactly as you intended.

Frequently Asked Questions

Below are FAQs about wills and estates in NSW and their answers.

General Questions About Wills

1. Who can create a will?
   Individuals aged 18 or older can create a will, and those under 18 who are married or planning to marry can also do so if they possess testamentary capacity. Unmarried minors may draft a will with court approval, particularly if they have substantial earnings. Additionally, the court may authorize a will for someone who lacks testamentary capacity under the Succession Act.
2. Do I need to verify an intending estator's capacity for a will?
   If a person with an enduring power of attorney requests the preparation of a will, it does not necessarily indicate a lack of testamentary capacity. However, if there are concerns regarding conditions like dementia, it is advisable to confirm their mental state with their healthcare provider or hospital.
3. Can I register a will in NSW?
   New South Wales does not maintain a public registry for wills; however, private entities offer registration services. The NSW Trustee & Guardian provides secure storage for wills and related documents. You can also inquire about a deceased individual’s will through the NSW Trustee & Guardian’s Deceased Will Enquiry service.
4. Is it preferable to create a new will, modify an existing one, or draft a codicil?
   If the client does not have a will or if significant changes are necessary, creating a new will is advisable. For minor modifications, consider altering the existing will or drafting a codicil. Ensure that all changes are signed and witnessed.
5. What if I don't have a second witness?
   If a second witness is unavailable, use clear language to express intent, such as "I intend this document to constitute my will," for a new will, alteration, or codicil.

Questions About Executors

1. What if there's no executor appointed?
   If a will does not designate an executor, a major beneficiary may apply for Letters of Administration with the Will Annexed to fulfill the deceased’s wishes.
2. What if all executors die before administering the estate?
   The executor of the last surviving executor automatically assumes the role for the initial estate. If the last executor passes away without a will, a new grant is needed to complete the administration.
3. What if the executor is under 18?
   A guardian can be granted limited administration until the executor reaches 18 years of age, at which point the executor can finalize the estate administration.
4. What if there's a disagreement between executors?
   If executors cannot agree on applying for Probate, one may proceed independently after notifying the other. For disputes regarding estate matters, they can seek court assistance under the Trustee Act.
5. Are executors entitled to a commission?
   Executors may be entitled to a commission if specified in the will or agreed upon by the beneficiaries. If not, the court can authorize it upon the filing and passing of accounts.
6. How can the executor protect a will against further claims?
   Before distributing an estate, a Notice of Intention to Distribute should be published, allowing claimants 30 days to respond. Distribution should be postponed for at least six months following the death.

Questions About Probate and Letters of Administration

1. Is a grant needed to deal with assets?
   For small estates with minimal assets, executors may often manage without a grant of Probate or Letters of Administration, though this carries personal liability risks. Referring small estates to the NSW Trustee and Guardian can provide additional protection.
2. When should I apply for probate?
   Applications for Probate should be made within six months of the testator's death. If there is a delay, an affidavit explaining the reasons must be submitted.

Questions About Administration of an Estate

1. Can the solicitor-executor solely decide on legal costs?
   A solicitor-executor cannot agree on legal costs with themselves without informing the beneficiaries. Costs incurred up to the grant of Probate are regulated, while subsequent costs must be disclosed to clients.
2. When should accounts be filed and passed?
   Accounts must be filed and verified in specific circumstances, such as when the executor is a creditor or a guardian of a minor beneficiary. Executors may also file accounts to apply for a commission.
3. When should legacies be paid?
   Legacies should be distributed as soon as possible after settling debts. If not paid within 12 months, they will accrue interest.
4. Where should estate funds be held?
   Estate funds can be held in a solicitor’s trust account if distributed shortly. For longer delays, funds should be invested prudently.
5. Are probate costs regulated by the government?
   While the costs associated with obtaining Probate or Letters of Administration are regulated, the costs for administering estates are not, and must be disclosed to clients in advance.
6. Can this be done by agreement or require a court order while representing two executors, one wishing to apply for commission?
   Commission can be agreed upon by all beneficiaries with legal capacity. If not, court authorization is required. The amount is typically between 1% and 1.5% of the estate’s value, depending on the executor's involvement.
7. Does an adopted child qualify as a "natural child" when administering an estate?
   Under the Adoption Act, adopted children possess the same legal rights as natural children concerning their adoptive parents, with their biological relationships being legally disregarded.

Questions About Power of Attorney

1. Is stamp duty required for a Power of Attorney in NSW?
   No stamp duty is required for a Power of Attorney in NSW.
2.  Does a Power of Attorney need to be registered before signing contracts?
   A Power of Attorney does not need to be registered before signing contracts, but it must be registered for transactions involving land.

Should the solicitor provide the will to an attorney?

A solicitor should not provide a will to an attorney without the client’s consent. However, the NSW Trustee and Guardian has theright
to access the will of an incapable person. It is advisable to obtain specific instructions regarding this matter when drafting the Power of Attorney.

Accessible Estate Planning with CM Lawyers

At CM Lawyers, we believe that quality estate planning should be accessible to everyone. Our solicitor near me wills services are available throughout NSW, offering clients local expertise and convenient access to experienced estate law professionals. From making a will NSW to managing complex wills estate lawyers cases, we have the knowledge and resources to provide personalized legal support.

If you’re seeking an attorney for wills or estate lawyer will services in NSW, CM Lawyers is ready to assist you with professionalism and dedication. Whether you need support disputing a will in NSW or are planning to create a will NSW, we are committed to helping you navigate each step of the estate planning process confidently and successfully.

For all your will and estate planning needs, from lawyers that do wills near me to probate lawyer consultations, CM Lawyers is here to help you establish a secure and lasting legacy. Reach out today to speak with one of our experienced will and estate lawyers and take the first step toward a comprehensive estate plan tailored to your needs.