WILL LAWYERS IN SHELLHARBOUR

A Will is a legally recognised document that outlines how a person wishes their possessions and property to be distributed once they pass away. In New South Wales, for a Will to be valid, it must meet specific criteria under the Succession Act 2006:

• The Will must be in writing (typed or handwritten).
• It must be signed by the Will maker, or by someone else on their behalf, in their presence and at their direction.
• The signature must be witnessed by at least two people, who are present at the same time and who also sign the Will. These witnesses cannot be beneficiaries under the Will.

A properly written Will allows the individual to appoint an executor to administer their estate. It can also cover arrangements such as nominating a guardian for underage children, making funeral preferences known, and setting up trusts for beneficiaries.

If no valid Will exists at the time of death, the person is considered to have died "intestate." In such cases, their estate is distributed under a legal formula set out by NSW intestacy rules. This may not reflect their actual preferences and can result in delays, disagreements, or financial strain for those left behind.

Preparing a well-considered Will gives your instructions legal standing and provides clarity to your family when they need it most. The Wills team at Kells Shellharbour can assist with every step of the process.

An executor is the person who takes charge of managing your affairs once you have passed. Their role includes collecting and distributing assets, paying debts, and carrying out the directions in your Will.

This role is often filled by a trusted family member, close friend, or sometimes a professional. It’s not unusual for an executor to also be a beneficiary. Some people choose to appoint more than one executor to share the workload or to add a layer of accountability.

If your estate is complex, or you’re concerned about how it will be managed, professional support can help ease the pressure. At Kells, we offer practical support to executors to help them meet their responsibilities confidently and correctly.

A beneficiary is an individual who receives assets, funds, or property through your Will. Life events such as marriage, separation, or divorce can influence how you choose to distribute your estate and may affect any arrangements you’ve previously made.

In New South Wales, the Succession Act 2006 allows specific people, including spouses and financial dependants, to challenge a Will if they feel they’ve been left out or inadequately provided for. These disputes, known as Family Provision Claims, can often be avoided with careful estate planning and a well-prepared Will that clearly outlines your intentions.

Estate planning is a strategic review of your personal, financial, and business circumstances. It includes consideration of:

• How you currently hold your assets
• Superannuation nominations
• Life insurance policies
• Pensions and other entitlements
• Capital gains tax implications
• Consideration of the financial, taxation and personal position of your beneficiaries.

A guardian is the person you legally appoint to care for your children if both parents are no longer alive. This role includes making decisions about where your children live, their schooling, and medical care.

Nominating a guardian in your Will gives you peace of mind that someone you trust will take on this responsibility. If no guardian is appointed, the court may intervene and choose someone on your behalf, which might not reflect your preferences.

Probate is a formal process where the Supreme Court recognises a Will as valid and grants authority to the named executor to administer the estate. Once probate is granted, the executor can manage the deceased’s affairs, pay any debts, and distribute assets to the nominated beneficiaries.

If you pass away without a valid Will, this is known as dying intestate. In this situation, your estate will be divided according to rules set out by law, which may not reflect your personal wishes or support those you intended to provide for. Preparing a Will is the most reliable way to decide how your estate will be shared and by whom.

Yes, updating your Will is not only possible, it’s highly recommended after key milestones such as marriage, separation, the birth of a child or grandchild, or changes to your assets. Periodic reviews help keep your instructions relevant and reflective of your current circumstances.

At Kells, our Shellharbour team offers estate planning reviews to help keep your documents current. We also offer a complimentary service to store your original Will and other important records securely, so they remain protected and accessible when needed.

An executor is responsible for managing your estate and carrying out your instructions. It should be someone reliable, organised, and capable of handling financial and administrative matters. This may be a trusted family member, friend, or a professional. Naming a substitute executor is also wise, in case your first choice is unable to take on the role.

No. Some types of property fall outside your Will. Common examples include jointly owned real estate, superannuation, and life insurance. These assets are typically distributed according to ownership structures or nominated beneficiaries. Our estate planning team can help you address these properly so they don’t undermine your intentions.

For your Will to be legally valid in NSW, it must be signed in front of two adult witnesses. These witnesses must not be beneficiaries or have any interest in your estate. Their role is to confirm that you signed the document willingly and with full understanding of its contents.

Yes. A Will may be contested in situations where someone believes they were unfairly excluded or inadequately provided for. Other grounds include claims of pressure, fraud, or lack of mental capacity at the time the Will was made.

Disputes can be distressing and costly, which is why careful planning matters. We help clients reduce the likelihood of future claims and draft Wills that reflect their wishes clearly. If a claim arises, our team is also equipped to assist both executors and claimants through the resolution process.