WILL LAWYERS IN SYDNEY

A Will is a formal, written legal document that specifies how a person (the Will maker or "testator") wishes their property, assets, and belongings to be distributed after their death. In New South Wales, for a Will to be legally valid, it must meet certain requirements 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 Will allows the testator to appoint an executor, the person responsible for carrying out the instructions in the Will and administering the estate. It can also cover important matters such as appointing guardians for minor children, specifying funeral wishes, or setting up trusts to manage assets for beneficiaries.

If a person dies without a valid Will, they are said to have died “intestate,” and their estate will be distributed according to a legal formula set out in NSW intestacy laws. This may not align with the deceased’s intentions and can cause unnecessary stress or financial hardship for loved ones.

Having a clear, properly prepared Will ensures your wishes are legally enforceable, reduces the likelihood of disputes, and provides certainty for those you leave behind. Let the expert Will lawyers at Kells Sydney help you create a well-written Will.

An executor is the person responsible for managing and distributing your estate after you pass away. They ensure your assets are handled according to the instructions in your Will. The executor should be someone you trust, who is capable of taking on this important role, and who is willing to commit the necessary time.

It is common for an executor to also be one of the main beneficiaries of your estate. Appointing more than one executor can be a wise decision, as it provides support and shared responsibility. If your estate involves significant assets or ongoing arrangements, professional guidance can make the process smoother. At Kells, we offer specialist advice to assist executors with their legal responsibilities.

A beneficiary is someone who receives money, property, or other assets under your Will. Marriage, divorce, or separation can affect how you provide for your family and may impact any existing Will.

Under the Succession Act 2006 in NSW, certain individuals, such as a spouse or eligible dependants, can make a claim if they believe they have not been adequately provided for in your Will. This is known as a Family Provision Claim. Proper planning helps reduce the risk of disputes and ensures your wishes are clearly reflected.

Estate planning is a complete review of your personal and business circumstances including:

• 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 a person legally appointed to care for your minor children if both parents pass away. The guardian is responsible for the child’s day-to-day welfare, including decisions about their living arrangements, education, and health care.

Appointing a guardian in your Will ensures someone you trust will care for your children. Without this appointment, the court may decide who takes on this role, which may not align with your wishes. Carefully choosing a guardian is a key step in protecting your children’s future.

Probate is an Order from the Supreme Court stating that the Will has been proved to be the last and proper Will of the Will maker and permits the executor to sell, collect and distribute the estate assets to the beneficiaries.

If you die without a valid Will, this is known as dying “intestate.” Your estate will be distributed according to a legal formula set out by the government. This may not align with your wishes or the needs of your loved ones. That is why having a Will is important, as it ensures your assets go to the people you intend.

Yes, you can and should update your Will whenever there are significant changes in your life. These may include marriage, divorce, the birth of children or grandchildren, or acquiring new assets. Regular reviews help keep your Will relevant and reflective of your current wishes.

At Kells, our Will lawyers in Sydney offer estate planning check-ups to ensure your Will and related documents remain up to date. We also provide a free service for the safe custody of your Will and other important legal documents, giving you peace of mind that they are secure and easily accessible when needed.

Your executor should be someone you trust to carry out your wishes and handle financial and legal responsibilities. This could be a family member, friend, or a professional such as a lawyer. It’s also a good idea to appoint a backup executor in case your first choice is unable to act.

Not all assets automatically form part of your Will. Superannuation, jointly owned property, and life insurance policies often fall outside the Will. Our team can advise you on how to include or address these assets as part of your estate plan.

A Will must be signed in the presence of two witnesses, who also sign the document. Witnesses must be over 18, cannot be beneficiaries of the Will, and must have no personal interest in the estate. Proper witnessing ensures the Will is legally valid.

Yes, a Will can be challenged under certain circumstances. Common reasons include claims that the Will maker lacked capacity, was unduly influenced, or failed to adequately provide for eligible family members. Our team can help draft a Will that minimises the risk of disputes and protects your wishes.

If a challenge arises, it’s important to have the right legal support. Whether you’re looking to protect a Will or dispute one, our Will lawyers in Sydney you covered. We offer trusted legal advice for both sides of the coin — guiding claimants and executors through the process to achieve the best possible outcome.