Wills & Estate Lawyers Sydney
From wills and testamentary trusts through to probate and estate disputes, our Sydney wills and estate lawyers provide comprehensive legal support every step of the way.
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From protecting your legacy to administering a loved one’s estate, our wills and estates lawyers provide clear legal guidance.
Whether you are planning for your future, or managing the estate of a loved one, you may need to make important legal and financial decisions. Our Sydney team of wills and estate lawyers know how much there is to consider, and the importance of getting it right. Whether you are considering making your first Will or testamentary trust, or need help contesting a Will or applying for probate, we are here to help.
Estate matters are more than just documents, they reflect the final wishes and intentions of the person behind them. We understand the emotional weight that comes with planning, managing or disputing an estate, and provide clear, steady guidance through each step of the process.
Planning for the future and ensuring your wishes are clearly documented is one of the most important steps you can take to protect your family and financial legacy, and our Sydney team of wills and estates lawyers provide the precision and legal insight needed to manage estate matters with peace of mind.
From drafting a valid will to administering a complex estate, we can help.
Estate matters can be complicated, whether they are your own, or you’re taking care of someone else’s estate. From making and updating Wills, Power of Attorney and testamentary trusts, through to estate administration, probate and contesting Wills, there’s a lot of legal steps and considerations to take into account in line with New South Wales Succession Act 2006.
A comprehensive estate plan not only outlines how your assets are to be distributed after your passing but also anticipates issues such as blended families, jointly owned property or business interests, and the care of minor children, helping reduce the risk of costly conflict or uncertainty for loved ones. Our Wills and estate lawyers will help you plan ahead, protect generational wealth and ensure your wishes are clearly documented.
If you are currently managing the loss of a loved one, we can assist you with all related estate matters, from probate through to Letters of Administration, family provision claims and managing estate disputes. No matter how straightforward or complex your matter is, get in touch with our Wills and estate lawyers today for support and clear legal guidance on your matter.
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Making a valid Will in NSW - what the Succession Act 2006 requires
If you are putting the time into making a Will, it’s essential that you ensure it’s legally valid. This avoids costly legal disputes further down the line and ensures that wishes are able to be carried out with as little stress as possible.
In New South Wales, there are strict guidelines under section 6 of the Succession Act 2006 (NSW) for Will validity.
For for a Will to be deemed valid, it must be:
- In writing, whether typed or handwritten (and legible)
- Signed by the testator (Will-maker), or someone they have directed to sign for them
- Witnessed by two independent adults , who are not beneficiaries of the Will
- Written and signed by a testator who is of ‘sound mind’
The court may admit an ‘informal’ Will in line with section 8 of the Succession Act 2006 (NSW) , but this is solely at their discretion.
Aside from the requirements of a written Will, signatures, witnesses and being of ‘sound mind’, there are other factors that can see a Will invalidated in New South Wales. A Will must represent the wishes of the person making it, free of any coercion or fraudulent circumstances, or it can be declared invalid.
A legally valid Will must be made free of:
- Duress, coercion, force, manipulation or pressure
- Fraud or forgery, or fabrication and alteration after being signed
- Lack of awareness, or approval by the Will maker
If you are currently making a Will, please talk to our Sydney team of Wills and estate lawyers to ensure that your Will correctly reflects your wishes and is legally valid.
Testamentary trusts offer estate protection and tax reductions for your beneficiaries
For families and individuals with significant assets, investments or business interests, estate planning becomes more complex. Concerns may arise about family disputes, or how to ensure assets are passed on to the family in the most effective ways possible.
Testamentary trusts are created under a person’s Will, and do not operate in the Will-makers lifetime. They come into effect after someone passes away, and are administered by either the Will’s executor or an appointed trustee. This type of trust differs from a Will, in that it leaves some or assets held in trust, rather than being directly distributed.
These trusts offer tax benefits for children and grandchildren, and can qualify for concessional tax treatment in accordance with section 102AG of the Income Tax Assessment Act (ITTAA 1936), and can also provide additional layers of protection when beneficiaries divorce, separate or face other legal or financial challenges, as well as providing for more vulnerable beneficiaries.
While many people see testamentary trusts as something for wealthy families, they can also offer excellent protection for everyday families, even with a modest estate. If you would like to discuss if a testamentary trust is right for your needs, please get in touch with our wills and estate lawyers today for advice on how to get started.
Managing complex family structures and estates
‘It’s undeniable that we’re living in a society where complex family structures are becoming more common. Blended families, estrangements, second relationships and competing obligations between different groups of children are no longer unusual. As family structures continue to evolve, estate disputes are only going to become more complicated. That’s why it’s so important for people to understand both their rights and their obligations and to have proper planning in place before issues arise.’
Hayder Shkara, Principal, Justice Family Lawyers.
Estate distribution, executor duties and the probate process after a loved ones passes away
When someone passes away, responsibility for administering the estate will generally be upto the person they have named as executor in their Will, if a Will exists. An executor is responsible for locating the Will and carrying out all of the duties related to the estate. The executor needs to ensure that the located Will is the most recent one made, apply for probate if necessary, arrange the funeral, pay bills and debts, manage and distribute assets, finalise banking and taxation matters and ensure the deceased’s wishes are carried out in accordance with their Will. There may be one executor, or two or more, forming a joint executorship.
If a Will doesn’t exist, a person is said to have died intestate. That means there is no appointed executor, and the court will appoint someone to administer the estate. In most cases, an eligible person, such as a partner or family member, will need to apply to the Supreme Court for Letters of Administration. Once the court has approved these and appointed an administrator, the administrator will perform essentially the same duties as an executor. Assets will be distributed through a prescribed formula, going to the deceased’s partner, children, parents or other family members, rather than according to the deceased’s wishes or at the discretion of the administrator.
Applying for probate in the Supreme Court NSW - or Letters of Administration when there is no will.
When a loved one passes away, their estate must be administered in accordance with legal requirements, including obtaining probate or, where there is no valid will, letters of administration – processes that can be legally and emotionally taxing without expert guidance. Section 40 of the Probate and Administration Act 1898 No 13 gives the court the power to grant probate of the will or administration of an estate, to anyone who passes away in New South Wales. There are two distinct legal processes that require a Supreme Court application, depending on whether a Will is in place or not, which we’ll look at below.
Grant of Probate
Probate is the legal process of obtaining approval from the Supreme Court to administer a Will. If probate is required, the process generally begins after a death certificate has been granted and a valid Will has been located. In some cases, probate is not required, for instance, if there is a small or simple asset pool, or assets are being transferred over to a spouse who is already an owner. Even then, banks or other financial institutions may require probate before releasing any assets.
Grant of Probate requires proof of death, a copy of the original Will and may require supporting affidavits. A straightforward application usually takes 1-2 months to process, with a total timeframe of 2-6 months from the date of death to completion. Delays may occur when assets are unclear, beneficiaries cannot be located or if the Will is unclear.
Letters of Administration
Letters of administration are required when a person dies without a Will, or, when there is a Will but no executor who is willing or able to act. An eligible person, as defined under section 63 of the Probate and Administration Act 1898 No 13, such as a partner or family member, applies to the Supreme Court to administer the estate. Once granted, the administrator has a similar role to that of an executor.
Letters of Administration applications generally require proof of death, details of family members and a complete estate inventory. The process generally takes 2-3 months, or 3-9 months overall, from the time of death. Delays may occur if disputes arise, there is uncertainty about estate items or next of kin, if there are any taxation issues or if property sales are required.
Services
Wills & Will Updates
Drafting and updating Wills to reflect your current circumstances, ensuring your assets are distributed clearly and in line with your wishes, while reducing the risk of future disputes.
Testamentary Trusts
Establishing testamentary trusts within Wills to provide greater control over how assets are managed, offering tax advantages, wealth protection and flexible distribution for beneficiaries.
Estate Planning
Providing comprehensive estate planning advice across Wills, Power of Attorney, guardianship and superannuation nominations, ensuring your personal and financial affairs are protected.
Probate & Letters of Administration
Assisting executors and administration applicants in obtaining probate and letters of administration from the Supreme Court, guiding you efficiently through each required step.
Challenging A Will
Advising on eligibility for contesting a Will, including family provision claims, ensuring you understand your rights and available legal pathways.
Estate Disputes
Representing clients in estate disputes involving executors, beneficiaries or Will validity, working to resolve conflicts efficiently through negotiation, mediation or court proceedings where necessary.
Contesting a will in NSW - Family Provision claims and challenging the validity of a will
Contesting a Will by challenging its validity or making a claim for provision can be a stressful and emotional experience, often at a time when you are already managing the grief of losing someone important in your life. Whether you’ve not been provided for in a Will or are concerned about its validity, there are legal pathways in New South Wales to address these types of issues.
Family Provision Claims
If your partner or someone in your close family has passed away, it’s natural to anticipate that some part of their estate may be left for you. Section 57 of the Succession Act 2006 has clear guidelines on who can make a Family Provision Claim.
An eligible person can include a:
- Spouse or de facto partner
- Child of the deceased
- Former spouse
- Anyone who was wholly or partially dependent on the deceased, at any given time
- Grandchild
- Household member at any time
- A person who was living with the deceased in a close personal relationship at the time of the death
The court will weigh up many factors when assessing a Family Provision claim under section 60 of the Succession Act 2006 , to determine whether the applicant should be provided in the estate, and what a fair provision looks like.
Considerations include:
- The nature of the relationship
- The applicants age and health
- Whether the deceased had any obligation to the applicant or the applicant was dependent on the deceased
- The needs of the applicant weighed with other beneficiaries making a claim
- The applicants ability to self-support and earn income
- The size and value of the estate after liabilities
- Any contributions the applicant has made to the estate
- The character and behaviour of the applicant before and after the deceased passed away
- Any relevant cultural considerations
- Any intentions, promises or evidence that the deceased intended the applicant to be a beneficiary
The many considerations can make Family Provision claims complex, and assessing eligibility isn’t a straightforward process. A well noted case in New South Wales was Singer v Berghouse (1994) 181 CLR 201 , which although made in light of the Family Provisions Act 1982 (NSW), is still considered a landmark case in terms of how Family Provision matters are assessed. The deceased was a man in his 60’s who had been married for 11 months when he passed away, and had been very clear that anything acquired after their marriage would go to his new wife, but everything he had acquired previously would go to his son.
At the time that he passed away, no new property had been acquired, but the wife sought a family provision claim - despite clear agreements that at no time would either of them ever make an estate claim on the other. She was financially stable and had significant independent assets at the time of his death. The court found in favour of the deceased’s son, due to his intentions and also her ability to self-support, despite appealing the decision. This case is still referred to as a point of reference when assessing whether a Family Provision claim is valid.
Please get in touch with our Wills and estate lawyers today if you need assistance to assess your eligibility or to make a claim. It’s also essential to apply within the 12-month time limit from date of death set out in section 58(2) of the Succession Act 2006.
Challenging The Validity Of A Will
In some circumstances, it may be necessary to challenge the validity of a Will if there are any concerns about its legal validity.
Common grounds for challenging a Will include:
- Lack of capacity
- Undue influence or coercion
- Fraud or forgery
- Not being signed or witnessed correctly
If you are considering challenging a Will, or feel you have not been adequately provided for, get in touch with our Will dispute lawyers in Sydney today. We can provide clear advice about your legal options to move forward.
“Without proper estate planning, children from previous relationships can find themselves competing with a new spouse, stepchildren or entirely different family units over assets their parents spent a lifetime building.”
Hayder Shkara, Justice Family Lawyers.
Estate administration without probate - small estates, joint assets, and intestacy
Even when a valid Will is left, not all estate distribution matters require a Grant of Probate. For smaller estates, or when assets are co-owned, the probate process may not be necessary. Probate is also not required when someone dies intestate, because there is no Will to apply for a Grant of Probate.
Intestacy
If someone dies without a Will, Chapter 4 of the Succession Act 2006 defines who will inherit the estate. There is a very specific order of hierarchy and set formulas for calculating inheritance for someone who dies intestate.
The order of beneficiaries of the deceased is:
- A spouse/s or domestic partner/s
- Children – if there is so spouse / domestic partner or if there is a spouse / domestic partner and there is adequate estate value to meet the spouse’s needs and those of the children
- Parents
- Siblings
- Grandparents
- Aunties and uncles
- The state, if none of the above
Jointly Held Assets Passing By Survivorship
If the deceased held co-owned properties, bank or shares accounts or other assets, the co-owner will be eligible to receive assets held through survivorship laws. This generally doesn’t require a Grant of Probate, unless financial institutions require it for assets to be released to the co-owner.If the deceased held co-owned properties, bank or shares accounts or other assets, the co-owner will be eligible to receive assets held through survivorship laws. This generally doesn’t require a Grant of Probate, unless financial institutions require it for assets to be released to the co-owner.
Small Estate Provisions
When someone passes away and leaves a modest estate, it may not be necessary to apply for probate, depending on the circumstances. A small estate is considered ranging from $15,000 to $50,000. If you do need to apply for probate, any estate under $100,000 will not attract a fee for Grant of Probate.
If you are managing a smaller estate, co-owned assets being passed through survivorship or the estate of someone who has died intestate, please get in touch with our team for advice on how to manage the process.
Wills and family law - how separation, divorce, and de facto relationships affect your estate
In New South Wales, ending a marriage with divorce has significant implications on a Will. If someone passes away after a divorce with a Will in place from when they were married, certain changes will be made in line with section 13 of the Succession Act 2006, if their former spouse was nominated a beneficiary, executor, trustee or guardian in that Will.
If the former spouse was a beneficiary, they will no longer inherit under the Will, nor can they act as an executor or trustee. The rest of the Will is still valid, and beneficiaries such as children, family or charities will still remain. If no alternative beneficiaries have been named, there is a risk that the deceased will be deemed having died intestate, which is why it is so important to ensure your Will is updated after major life events such as divorce. If someone wishes for their former spouse to inherit after a divorce, it’s vital to create a new Will post-divorce, and clearly state the intention to have them benefit or execute the Will despite divorce.
Separation alone does not legally revoke any parts of a Will. This is also true with de facto separations. Even if a couple has ended their relationship, a former de facto partner can still inherit at any time if a Will does not reflect otherwise. If a de facto partner has not been named in the Will, they still have the right to apply for a Family Provision claim as a spouse / partner under section 57(1)(b) of the Succession Act 2006 (NSW). This is why estate planning and keeping an updated Will is so important, and the more complex your relationship and family structure is – the more important it is to be very clear in your wishes when planning your estate distribution.
If you are unsure of where you stand in relation to a loved ones estate, or need help planning your own to avoid confusion in the future, get in touch with our highly experienced team of Wills and estate lawyers for advice and guidance on your situation.
Wills & Estates Explained
Want to learn more about Wills, estates and some of the real world challenges of estate distribution? Listen to Hayder Shkara’s recent chat with estate lawyer Melissa Paet.
Our Team
Meet Hayder Shkara - Director, Justice Family Lawyers
Director
Hayder Shkara is the Director of Justice Family Lawyers.
A strong media personality, Hayder is considered an authority on all Australian legal matters. He is the founder of the practice and is passionate about combining clear legal strategy with empathetic client care.
An Olympian who represented Australia in Taekwondo at the Rio de Janeiro Olympic Games, Hayder brings discipline, strategic thinking and composure to complex family law matters.
Harpreet Bawa
Senior Associate
Family law specialist with expertise in complex financial splits, recovery and relocation orders, and high-conflict parenting matters.
Monique Alexander
Senior Associate
Family law practitioner skilled in property and parenting matters, drawing on her background as a Court Associate to provide informed, effective advocacy.
Laila Sayed
Solicitor
Family law solicitor specialising in parenting and property disputes, known for her empathy, advocacy, and client-focused approac
Bree Campbell
Solicitor
Family and criminal law solicitor specialising in AVO matters, criminal defence, and parenting and property disputes.
Karly Muller
Solicitor
Karly graduated from Western Sydney University with a Bachelor of Laws (LLB) in 2021 and completed her Graduate Diploma in Legal Practice (GDLP) with the College of Law in 2022.
How We Work Together
Step 1. Book Free Discovery Call
We listen to your situation, identify the immediate issues and help you understand the most sensible next step.
Step 2. Personalised Advice
We explain your options, answer your questions and outline a practical strategy for wills, estate planning, probate and contested estate matters.
Step 3. Confident Resolution
We work toward a legally binding outcome through negotiation, mediation, or court, where required, so you can move forward with certainty.
Why Choose Us
At Justice Family Lawyers, experienced wills and estates lawyers assist clients at every stage of estate planning and administration. From drafting tailored, legally sound wills that reflect your intentions and family dynamics to setting up enduring powers of attorney, advising on guardianship for dependants, and structuring testamentary trusts where appropriate to protect assets and minimise future disputes, we are here to help.
With thoughtful advice and meticulous attention to legal detail, our wills and estates lawyers help you protect what matters most and provide peace of mind for you and your beneficiaries.
The team at Justice Family Lawyers also assists executors and administrators with managing deceased estates, settling liabilities, distributing assets, and resolving disputes, including contested wills when necessary, ensuring procedural requirements are met and your family’s rights are upheld.
If you are currently planning your estate, or have recently lost a loved one, get in touch for a confidential discussion about your circumstances and how we can assist.
Frequently Asked Questions
What makes a Will valid in New South Wales?
For a Will to be legally valid in New South Wales, it must be in writing, signed by the person who made the Will, witnessed by two people who are present at the same time, and made by a person who has the mental capacity to do so. Informal Wills can occasionally be accepted by the Supreme Court at their discretion.
Do I need a lawyer to make a will?
No, you don’t legally need a lawyer to make a Will, however getting legal advice is recommended, especially if you have significant assets or complex circumstances. A Wills and estate lawyer can help you to ensure your Will is valid, help you consider tax and estate distribution matters and that wording is clear, reducing the risk of disputes.
What is a testamentary trust and do I need one?
A testamentary trust is a special type of trust that is created under a Will, and only comes into effect when the Will-maker passes away. Rather than directly giving assets to beneficiaries, assets are held and managed by a trustee, and trust income is distributed to beneficiaries. This can be a very good structure if you have young children or vulnerable beneficiaries, wish to protect assets and have flexibility about how distributions are made.
How do I apply for probate in New South Wales?
In New South Wales, the executor or eligible person applies to the Supreme Court of New South Wales, and submits the Will and death certificate to the court, providing any additional information required by the Court to receive a Grant of Probate.Please get in touch with our experienced team of Wills and estate lawyers if you need advice or assistance with managing the probate process.
Can I contest a will in NSW, and what is the time limit?
Yes. If you feel you have not been fairly provided for in a Will, you can make a family provision claim or challenge the validity of a Will in some circumstances. In most cases, claims should be filed within 12 months of the date of death, although extensions may be granted in some matters.
What do Wills and estates lawyers do?
Wills and estate lawyers help people plan their estate, draft their Will and make other arrangements, such as electing a Power of Attorney or medical decision maker. They also assist people who have lost a loved one with probate applications, estate distribution, inheritance disputes and contested Wills matters.
Ready To Get Started?
Ready to make or update your will, or need help with a deceased estate? Our Wills and estates lawyers in Sydney are here – book a free 10-minute discovery call today.