WILLS & ESTATES
A Will is a legal document that clearly sets out your wishes for the distribution of your assets after your death. Having a clear, legally valid and up-to-date Will is the best way to help ensure that your assets are protected and distributed according to your wishes.
Your family situation is unique to you.
McDonald & Partners Solicitors provides trusted and current advice concerning your needs.
A Will also gives you the opportunity to name Guardians for your minor children, establish a trust or donate to a charity through organisations such as the Wedgetail Retreat, Tweed Valley Palliative Support, Dulguigan NSW.
HOW OFTEN SHOULD I UPDATE MY WILL?
You should review your Will every 3–5 years to ensure it still reflects your wishes. You may need to change your Will if any of the following occurs:
you get married
you get divorced or separate from your partner
you enter into a defacto relationship
your children or grandchildren are born
your executor or beneficiary dies
there is a change in your financial circumstances.
LETTERS OF ADMINISTRATION
Letters of Administration are required if the deceased died intestate (without a Will) or did not name an executor in a valid Will, or the executor is unwilling or unable to act.
PROBATE
Probate is a court order made by the Supreme Court of NSW which confirms that the Will of the deceased is valid and gives permission to the executor to distribute the estate as described in the deceased person's Will.
If you are an executor named in a Will you must apply for probate if there is real estate owned in the deceased's sole name or as tenants in common with another person, or if any asset in the estate cannot be transferred without probate. The deceased's property cannot be distributed until you apply for and are granted probate by the Supreme Court of NSW.
CONTESTED WILLS & CONTESTED ESTATES
A Family Provision Claim is an application to the Supreme Court of New South Wales for a share or a larger share from the estate of a deceased person.
You can make a family provision claim if you:
are an 'eligible person', and
have been left out of a will, or
did not receive what you thought you were entitled to receive.
McDonald & Partners Solicitors are here to help you with any Will disputes, probate and deceased estate matters. You are allocated an experienced and trusted legal assistant to ensure the continuity and familiarity for your matter, to assist you while going through this emotional and stressful time.