Probate, Wills, And Estate Planning Lawyers Sydney

Having a legally valid Will provides you with the peace of mind that your loved ones are looked after in the event of your death. For this reason, hiring an estate lawyer is critical in these circumstances. 

At Dettmann Phair Lawyers, our firm’s expertise in estate law ensures that with a proper estate plan in place, you can ensure that your assets are protected, tax implications are minimised, your beneficiaries receive the greatest level of inheritance, and the chance of someone contesting your Will is reduced.  

Our Wills & Estate Planning Services Include:

• Comprehensive legal advice 

• Contesting a Will 

• Drafting legal documents e.g. Letters of Administration  

• Offering professional assistance with various legal matters 

• Will disputes  

• Will and Estate planning  

• Probates  

Our experienced and dedicated Wills and Estate Planning lawyers will help you plan for the unthinkable and advise you in relation to who you wish to name as Executor of your Will and who you decide to be the beneficiary of your Will. They can also assist you in updating your Will when your circumstances change, such as when you get married, have children or grandchildren or when your financial circumstances change.  

No matter the situation, we’re here to guide you through the whole process, ensuring you and your loved ones will be taken care of.  

Speak to us today to book a meeting with one of our estate lawyers.  

ENDURING POWER OF ATTORNEYS, APPOINTMENT OF ENDURING GUARDIANS, AND ADVANCED HEALTH CARE DIRECTIVES

While preparing a Will is a great first step in planning for the future, it is also important to plan for the potentially unfortunate circumstance of losing your capacity or becoming seriously ill or injured. Managing your financial affairs is crucial in these situations to ensure that your estate is handled according to your wishes.  

Additionally, it is important to consider the legal costs involved in preparing these documents and administering your estate. Although this a daunting thought, our experienced Estate Planning lawyers believe it is essential to have plans in place to ensure that financial, lifestyle and health decisions that affect you are carried out by those you trust in accordance with your wishes in the event that you become seriously mentally or physically unwell.  

An Enduring Power of Attorney authorises someone to make legal and financial decisions for you when you are unable to do so yourself, while an Appointment of Enduring Guardian allows you to appoint someone to make health and lifestyle decisions on your behalf when you do not have the capacity to make them for yourself.  

At Dettmann Phair Lawyers, we always advise our clients to prepare an Advanced Healthcare Directive, which sets out in writing your wishes for your healthcare and treatment should you become seriously ill or injured. An Advanced Healthcare Directive makes it easier for your loved ones and healthcare team to make decisions for you. 

PROBATE & ESTATE ADMINISTRATION

If you have been nominated by a loved one to be the Executor of their Will, you have the responsibility to manage their deceased estates in accordance with their wishes as outlined in their Will once they have passed. A probate lawyer can assist with estate administration, ensuring all legal responsibilities are handled efficiently. 

Whilst this can be an emotional and trying time if you are an Executor, our Probate and Estate Administration lawyers can assist you in applying for Probate and guide you through executing your duties as an Executor. In circumstances where your loved one has passed without leaving a valid Will, our Probate and Estate Administration lawyers can help you apply for a Letter of Administration, which allows for the distribution of assets when a person has died intestate.  

Regardless of whether your loved one left a Will or not, our Probate and Estate Administration lawyers can guide you through the legal processes during this difficult time for you and your family. 

CONTESTING OR CHALLENGING A WILL

If you have not been adequately provided for in a loved one’s Will or perhaps left out altogether, and you are an eligible person whom the Testator has the responsibility to make provisions or support, our legal expertise in handling contested wills can help you. Resolving disputed estates is crucial to ensure fair distribution and address any estate disputes.  

You may contest the Will by making a family provision claim to receive your fair share. It is important to note that strict time limits are in place when contesting a Will, a family provision claim must be made within 12 months of the Testator’s death.  

Alternatively, you may wish to challenge a Will so that it is declared invalid, which occurs when the Testator did not have testamentary capacity (i.e. mental capacity) to understand what they were doing when they made their Will, where the Will was created under the undue influence of another or where a Will has been forged.  

If you wish to contest or challenge a Will, contact us today to book a consultation. 

PROBATE APPLICATIONS

A Probate is the official recognition of a Will’s legality in the court system, as well as establishing authority for an Executor to administer a Will legally. 

If you’re the executor of an estate, or if a family member dies suddenly without a formal Will in place or registered, talking with one of our property lawyers will illuminate the next step forward in terms of your legal rights, duties, and options. Estate litigation often involves complex emotional and legal challenges, especially when disputes arise following the loss of a loved one or when an elderly person loses capacity.  

Our experienced probate lawyers can assist you with applying for a Grant of Probate to ensure the final wishes of the recently departed are adhered to. Dettmann Phair Lawyers can assist you with applying for a Grant of Probate to ensure the final wishes of the recently departed are adhered to. 

DRAFTING A WILL WITH ESTATE PLANNING LAWYERS

If you wish to start on your journey towards a Will and testament that reflects your final wishes, it is recommended that you do it as early as possible with the assistance of wills and estate lawyers.  

According to the Australian Securities and Investments Commission, almost half of Australians who die do not have a legal Will and last testament prepared, which can cause headaches and heartaches for your loved ones left behind. 

The team at Dettmann Phair Lawyers will assist you in completing all obligatory documentation and succinctly submitting it on your behalf. 

HOW WE CAN HELP

We’re committed to providing the best possible legal representation and services for our clients, leveraging the expertise of our estate lawyers. Resolving estate disputes is crucial to ensuring fair distribution and rectifying any errors in estate administration. 

Whether you are in need of assistance in drafting or submitting a Will of your own accord, contesting a Will in court, or simply have questions surrounding the process and your rights and obligations – Dettmann Phair Lawyers will provide the best possible representation, understanding the emotional impact on family members during estate disputes. 

From the first sit-down meeting with one of our representatives to the final verdict in a courtroom setting – we’re here for you. 

PLANNING TODAY FOR PEACE TOMORROW

Having a legally valid Will is essential to ensuring your assets are distributed according to your wishes and your loved ones are taken care of. Having professional legal guidance is key to helping you through all the legalese regarding Wills and Estate Planning. 

Dettmann Phair Lawyers offers unparalleled expertise in estate law, ensuring your estate plan is thorough and effective. Our team is here to support you through every step, from drafting your Will to managing disputes and probate applications. 

Reach out to us today to book a consultation with our knowledgeable estate lawyers. 

Your peace of mind is our priority – let us help you secure your legacy and protect those who matter most. 

FREQUENTLY ASKED QUESTIONS

WHAT IS A DECEASED ESTATE?

A deceased estate includes all the assets and liabilities a person leaves behind upon their death. This encompasses property, money, personal belongings, and any outstanding debts that need to be settled. 

WHAT’S THE DIFFERENCE BETWEEN DRAFTING A WILL AND ESTATE PLANNING?

A Will is a specific legal document that specifies how your assets should be distributed after your death. Estate planning is a more comprehensive process that includes the creation of a Will, as well as setting up trusts, health care directives, and appointing powers of attorney to manage your affairs if you become incapacitated. 

WHAT IS A PROBATE?

Probate is the legal process of verifying a deceased person’s Will and authorising the executor to administer the estate according to the Will’s terms. This process involves proving the Will’s validity in court, ensuring all debts and taxes are paid, and distributing the remaining assets to the beneficiaries as specified in the Will. If there is no Will, probate involves appointing an administrator to manage the estate’s distribution according to state laws. 

WHAT ARE THE STEPS IN THE ESTATE PLANNING PROCESS?

The estate planning process usually involves: 

1. Evaluating your assets and debts 

1. Establishing your estate planning objectives 

1. Drafting and signing legal documents (such as Wills, trusts, and powers of attorney) 

1. Periodically reviewing and updating your plan 

1. Discussing your wishes with your beneficiaries and executor 

ON WHAT GROUNDS CAN A WILL BE CONTESTED IN NSW?

In New South Wales, a Will can be contested on several grounds, including: 

• The Testator’s lack of mental capacity 

• Undue influence or pressure 

• Fraud or forgery 

• Failure to meet legal requirements 

• Inadequate provision for eligible family members under the Family Provision Act 

WHAT ARE THE TYPES OF DISPUTES THAT OCCUR IN ESTATE LITIGATION?

Estate litigation can involve several types of disputes, including: 

• Challenging the validity of a Will 

• Disagreements over the Will’s interpretation 

• Family members claiming insufficient provision 

• Conflicts between executors and beneficiaries 

• Issues related to estate administration 

HOW MUCH DOES IT COST FOR A SOLICITOR TO EXECUTE A WILL IN AUSTRALIA?  

The cost for a solicitor to execute a Will can vary based on circumstances. Solicitors might charge an hourly rate or a fixed fee, typically ranging up to $5,000, depending on the estate’s complexity and the required tasks. We charge a fixed rate for a basic will of just $700 plus GST. Get in touch with us today to prepare your will. 

HOW LONG AFTER AN INDIVIDUAL DIES DO THE BENEFICIARIES READ THE WILL?

Typically, the Will is read after the executor has obtained the death certificate and initiated the probate process, which is within 12 months after the date of death. This process can take anywhere from a few weeks to several months, depending on how quickly the necessary documentation is gathered. 

WHO IS THE EXECUTOR OF THE ESTATE, AND HOW MUCH TIME DOES IT TAKE TO SETTLE AN ESTATE?

The executor is the person named in the Will to handle the deceased’s estate. The time required to settle an estate can vary widely, depending on its complexity, the executor’s efficiency, and whether any disputes arise. It generally takes between six months to a year but can extend longer in complicated situations.