You should have a will if you are over 18. Your will ensures that your assets are dealt with in accordance with your wishes. Without a will your assets will be dealt with in accordance with a statutory order of distribution which may not reflect your intentions.

The time following a death is difficult and life is easier for your family and friends if you leave a will. Having a will can avoid unnecessary costs and delays in access to and distributing your assets to your beneficiaries.

Contact us for assistance with drafting a will that caters for your circumstances and reflects your wishes.

Probate and Letters of Administration

When someone dies leaving property and assets in NSW, an application to the Supreme Court is usually required for a grant of probate (where there is a will) or letters of administration (where there is no will). Once granted, the applicant has the authority to collect, distribute to beneficiaries and wind up the estate. The grant also imposes obligations on the applicant and a breach of those duties can result in the applicant being personally liable for losses to the beneficiaries. Certain procedures have to be followed and at TK Legal, we have years of experience in advising and assisting you with the process.

Will Disputes and Family Provision Claims

Sometimes a dispute can arise when a family member dies. Disputes can include:

  • · Whether the will is valid;
  • · Whether there was undue influence when the will was made;
  • · The interpretation of the will;
  • · Where someone was left out of the will;
  • · Where the will is grossly unfair.
  • While everyone has the testamentary freedom to deal with their estate as they see fit, the law does provide protection for certain "eligible persons" who include:

  • · The husband or wife at the time of death;
  • · The de facto partner at the time of death;
  • · A child;
  • · A former husband or wife;
  • · A grandchild or member of the household who was wholly or partly dependent at any particular time;
  • · A person who was living in a close personal relationship with the deceased at the time of death.
  • An eligible person can apply to the Supreme Court for a Family Provision Order if that person has not received adequate provision for the proper maintenance, education and advancement in life by a will. There is a strict time limit of 12 months from the date of death so it is important to contact us early for assistance with making a claim.