Wills and Estates Lawyers Sydney

Brander Smith McKnight estate lawyers conducted the probate and administration of a deceased estate in Sutherland which involved multiple executors and beneficiaries. This required careful coordination to ensure the estate was administered efficiently and in accordance with the terms of the Will. Our estate lawyers provided detailed advice to the executors regarding their legal duties and the probate process, guiding them through each stage of the administration. We assisted in identifying and valuing the estate assets, including real property located in Sutherland, bank accounts and personal property.

We prepared and lodged the application for Grant of Probate with the Supreme Court of New South Wales, including all required affidavits and supporting documents, and attended to any court requisitions to ensure that the grant was issued without delay. Once probate was obtained, we assisted the executors with collecting estate assets, liaising with financial institutions and ensuring all debts and liabilities, including funeral expenses, were paid. As part of the administration, our lawyers also managed the sale of the estate property, including preparation of the contract for sale and liaising with the purchaser’s representatives to ensure settlement proceeded smoothly. Following completion of the administration process, the estate was distributed in accordance with the terms of the Will, including the establishment of a specific trust for a beneficiary and the distribution of the remaining estate between the beneficiaries.

Throughout the matter, we maintained clear communication with the executors and beneficiaries, ensuring that they were informed and supported throughout the process. The estate was successfully finalised with all legal requirements satisfied.

The estate included a residential property which was sold for approximately $1 million, with net proceeds of about $960,000.00 after expenses, as well as a nursing home bond of approximately $550,000.00 and additional funds held across various bank accounts. Four beneficiaries were entitled to equal shares of the residue. The dispute arose due to concerns regarding the executor’s management of the estate, including delays in distribution, limited disclosure of financial records, and the withholding of approximately $50,000.00 for anticipated tax and legal expenses. Our clients sought a proper accounting of the estate and timely distribution of their entitlements.

The experienced wills and estates lawyers at Brander Smith McKnight provided advice in relation to their rights as beneficiaries and engaged in ongoing correspondence with the executor to obtain financial records and clarification of the estate’s position, including sale proceeds, retained funds, and liabilities. Following negotiations, agreement was reached for the release and distribution of the majority of estate funds, including provision for our clients’ legal costs. Each beneficiary ultimately received their one fourth share of the residue.

The estate was subsequently finalised, with all substantive entitlements paid to our client.

In a contested estate matter, Brander Smith McKnight resolved a dispute between beneficiaries concerning the administration of the estate and the handling of estate assets, including two residential properties. The dispute involved issues relating to unpaid expenses, property repairs, and the distribution of sale proceeds, together with ongoing communication difficulties between the parties. A primary issue concerned disputed expenses in the sum of approximately $18,000.00 and ensuring those amounts were properly accounted for prior to distribution.

To protect our client’s position, our estate lawyers prepared and lodged caveats over both estate properties to secure her one third equitable interest and prevent any unauthorised dealings with those properties. We also ensured that undertakings were in place for disputed funds to be retained in trust pending resolution of the matter. Our estates legal team advised our client of her duties as executor and her rights as a beneficiary, and briefed counsel on the legal issues arising in the dispute to facilitate a fast resolution. We corresponded with the other parties to address reimbursement claims, allocation of expenses, and the administration of the estate. We also managed the sale process for the estate properties, including coordinating settlement and ensuring that proceeds were distributed appropriately.

Ultimately, the estate assets were realised and distributed, with our client’s one third entitlement preserved and her reimbursement claims recognised. The matter was resolved without the need for protracted litigation, allowing the estate to be administered in accordance with the will.

BSM estate lawyers provided a family with a complete estate planning package, ensuring their wishes were clearly documented and their children would be properly provided for. We began by reviewing the clients’ family circumstances and discussing their intentions regarding executors, guardians, financial decision makers and distribution of their estate. Following this process, we prepared individual wills for both parties, appointing each other as executor and primary beneficiary, while also including provisions to benefit their children and address arrangements relating to the family home.

The Wills also included a guardianship clause appointing a trusted family member as guardian of the children in the event that both parents were to pass away while the children were still minors. Our estate lawyers prepared Enduring Powers of Attorney and Enduring Guardianship documents for both parties, enabling trusted individuals to make financial, medical and lifestyle decisions if either client were to lose capacity. These documents included specific directions regarding medical treatment and life sustaining measures, providing clarity to family members and decision makers.

The matter also involved audio visual link witnessing (AVL) for certain signatories, allowing documents to be executed remotely in compliance with New South Wales legal requirements. Our office coordinated the witnessing process and ensured all documents were executed correctly.

Through careful planning and clear advice, we were able to deliver a complete estate planning package, giving our clients peace of mind that their family, assets and future decision making arrangements were properly protected.

Brander Smith McKnight estate lawyers conducted the probate and administration of a deceased estate in Sydney. Our lawyers prepared and lodged the application for Grant of Probate with the Supreme Court of New South Wales, including the necessary affidavits and supporting documentation. Once probate was granted, we managed communications with relevant financial institutions and asset holders, ensuring the estate assets were released and transferred appropriately. The estate involved significant financial assets, which were collected and held in trust while we attended to the payment of estate liabilities and prepared the distributions required under the Will. Our office ensured that specific gifts and the residuary estate were distributed correctly to the beneficiaries in accordance with the testamentary instructions.

Throughout the matter we provided clear advice and regular updates to the executors, guiding them through each stage of the administration process. The estate was ultimately finalised efficiently, with all assets distributed and the administration completed in accordance with the legal requirements.

In simple terms, a will is a document that provides for the distribution of a person’s assets following that person’s death. A will also outlines who is responsible for administering your will. A will is drafted to define the specific intentions of the will maker. It must be signed and witnessed.

You do not need a will, however you should consider the benefits of having a will. Having a will can give you the peace of mind that comes with knowing that your estate will be managed effectively and in accordance with your wishes and instructions in the event of your death. A will can also ensure that your loved ones do not have to pay unnecessary costs following your death. Furthermore by clearly setting out your wishes you reduce of the risk of disputes.

You can draft your own will, however you should consider having your will drafted by a wills and estates lawyer.
There are several complications that can arise where someone has drafted their own will. This is because there are various legal considerations that someone drafting their own will may fail to consider. Having a poorly drafted will can also result in unnecessary costs being imposed on your family.

Having your will drafted by a wills and estate lawyer ensures that your will is legally effective and can be executed properly and efficiently. An estate lawyer can also tailor the drafting of a will to reflect your instructions and ensure that you fully understand the rights and responsibilities that are created by your will.

If you die without a will, you will be legally considered to have died intestate.  State law regulates the distribution of assets of people who have died without a will.  If you die without a will your assets may not be distributed in the way you intended them to be. In addition, disputes may also arise between potential beneficiaries of your estate.  To avoid the problems that may occur if you die without a will, you should have a will drafted for you by a wills and estates lawyer.

A will can be changed as often as you wish and only takes legal effect upon your death.  If you want to make a change to your will you should consider having a lawyer do so. This is because a lawyer can ensure the amendment of your will is legally valid.  There is no centralised record of wills in Australia, so it is possible for a person to change their will or create a new will without the knowledge of their family and friends.

Brander Smith McKnight’s wills and estates lawyers provide meticulously drafted wills that minimise future risks in a cost-effective manner with a fixed fee. Please call us on 85397475 for prices or to arrange a 20-minute, no obligation, free consultation.

There are various assets that you should avoid including in your will. For example, you should not include jointly owned assets in your will.

Put simply, a beneficiary is the title given to a person who is entitled to certain benefits from a will. For example, a will may provide that one of its beneficiaries is entitled to the deceased’s house or car. A will can provide for multiple beneficiaries and divide assets between them in accordance with the will maker’s intentions. A wills and estates lawyer can inform you of the various rights that are held by beneficiaries.

An executor is best described as a person determined by a will-maker to be responsible for the administration of their will. As such, an executor is responsible for the management and distribution of a will-maker’s property after they die.

Executors also have certain duties which include, but are not limited to:

1. The burial of the deceased
2. Paying remaining debts owed by the deceased
3. To distribute the deceased’s assets in accordance with the will

A will is a document that determines how a person’s assets are to be distributed when they die. An estate plan encompasses several documents that provide a detailed outline regarding a person’s financial and health issues that can be used when a person either dies or becomes incapacitated. A wills and estates lawyer can provide you with assistance in drafting both wills and estate plans.

A will may be invalidated for a variety of reasons, some of which include:

1. where a will-maker has been subject to undue influence. Undue influence refers to instances where a party has improperly exploited a position of trust or influence over the will-maker. Evidence of undue influence may indicate that a will-maker has prepared their will in a way that was not free and voluntary.
2.  where it is alleged that the will has been forged. For example, a will may be invalidated where someone has forged signatures to the will.
3. where there is evidence that the will-maker was mentally incapable of making a valid will. For example, a will may be invalidated where it has been drafted by someone with a serious mental illness.

You should consider reviewing and updating your will regularly as the circumstances of your life change. For example, you may want to consider changing your will if:

1. You have a new child
2. You get divorced
3. A beneficiary dies
4. You have more assets to distribute
5. You want to remove a beneficiary from your will
6. You want to add a beneficiary to your will
7. You have sold a business
8. You have bought or started a business
9. You get married
10. Change of executor
11. Change of guardian for minor children

You do not need to have a will, but you should consider having a lawyer draft you a will even if you do not have many assets.
This is because not having a will can result in unwanted expenses being incurred by your family and disputes between potential beneficiaries to your estate. Furthermore, even if you do not have many assets, you risk the assets you do have not being distributed in the way you would like them to be if you do not have a legally valid will.

Family provision claims are a type of application that is made to the Supreme Court. A family provision claim is a means by which a party claims that they are entitled to receive a provision or a greater provision of a deceased’s estate. Family provision claims are often made where a party feels that they have been unfairly left out of a will or has not received what they were entitled to from a deceased’s estate.  Only certain categories of people are entitled to make a family provision claim and the parties must attempt mediation prior to any claim being made.

Will disputes can occur for a variety of reasons, some of which include:

1. where the validity of a will is challenged
2. where there are conflicting interpretations of the terms of the will
3. where an executor is considered to be unfit
4. where the will includes errors or mistakes

One of the most common reasons for a dispute is where the will is considered valid but a person claims that they were entitled to a greater amount or that they have been excluded from the estate. This involves making a family provision claim.