Wills and Executors Sydney
Wills and Executors Sydney AM Legal Compensation Lawyers Directory & information on wills and executors.
- Wills & Probate
- Probate, Letters of Administration, Beneficiaries & Administration of Estate
- Power of Attorney
Anyone over the age of 18 and anyone under 18 who is married or contemplating marriage can make a will, provided they have testamentary capacity. Persons under the age of 18 who are unmarried can make a will with the approval of the Court. This can be advisable for young people who are earning large sums of money in modeling, in show business or arising of their sports activities or from commercial endorsements as part of wills and executors.
The court can also authorise a will to be made for a person lacking testamentary capacity under Part 2.2 of the Succession Act.
Many people who have testamentary capacity have granted an enduring power of attorney and that fact, of itself, should not cast doubt on the testamentary capacity of the intending testator. Depending upon the circumstances of the intending testator, such as whether he or she is in a nursing home, hospital etc, it would be wise to check with the testator’s treating medical practitioner or hospital superintendent to ascertain whether the client is suffering from any form of dementia or has differing periods of lucidity. You should consult the Law Society guidelines here.
There is no public registry of wills in NSW, but a number of private providers offering will registration facilities are in operation. NSW Trustee & Guardian offers a secure storage service for wills, power of attorney and enduring guardianship documents called Will Safe. To find whether NSW Trustee & Guardian holds the will of a deceased person, a member of the public can make a Deceased Will Enquiry.
Registrar in Probate in the Supreme Court of NSW has a facility for lodgement of a will in the testator’s lifetime, although this is rarely used. In view of the ease of making a new will or codicil, will registration offers no certainty of proof of that document being the latest will.
From 2002 until 28 March 2014 the NSW Registry of Birth Deaths and Marriages (BDM) operated a Wills and executors Register, however, this service is no longer in operation.
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One of the beneficiaries, usually a major beneficiary, can apply for Letters of Administration with the Will Annexed. When that application is granted the applicant is the Administrator of the Estate, with all the duties, obligations, rights and powers of an executor to carry the wishes of the deceased as set in his/her Will.
No, it is the executor of the last surviving executor who is automatically the executor in the first-estate “by right of representation” as soon as he or she obtains a grant of Probate of the will of that last surviving executor. If the last surviving executor dies without a will, a further grant will be required to complete the administration of the first-estate. The application to the Court will be for Letters of Administration cta. dbn. (cum testamento annexo, de bonis non administratis) (with the will annexed, in respect of the unadministered assets).
A limited grant of Administration can be granted to his/her guardian, to expire on the executor turning 18. At that time a grant can be obtained by the executor to complete the administration of the estate.
The duty of the executors, if they decide to accept their appointment, is to obtain probate and discharge their duty of care towards the beneficiaries. If the disagreement between executors is causing a delay in the application for Probate, one of them, preferably with a solicitor’s advice, should give notice to the other that he/she intends to apply for Probate and call on the other executor to join in the application. If that executor fails to respond within the specified time, the first-executor may proceed to apply for Probate on his/her own, with leave being reserved to the other executor to come in and prove the Will.
Either or both of the executors can apply to the Court under Section 63 of the Trustee Act for an opinion, advice or direction on any question regarding the management or administration of the estate property or regarding the interpretation of the Will. Provided no fraud, misrepresentation or wilful concealment is involved, an executor who acts in accordance with the opinion, advice or direction of the court is deemed to have discharged his/her responsibility as executor.
On rare occasions in the will, a specific legacy is left for the executor to cover his or her executorial work. In that event, no further order is needed for payment of the commission specified. Similarly, if there is a legacy or other bequest to the executor contained in the will. There is a prima facie presumption that the legacy or bequest is intended to cover any entitlement to commission. Otherwise, payment of commission may be authorised by the Court on application by the executor on the filing and passing of accounts in the estate. Payment of a commission may be agreed by all beneficiaries provided they’re of age and not subject to legal disability.
A Notice of Intention to Distribute the Estate (or Trust) should be advertised, in the prescribed form, giving at least thirty (30) days for claimants to notify the legal personal representative of their claims. Distribution should not take place until at least six months after the date of death or, if the legal personal representative has received notice of an intention to make a family provision claim which has not been commenced, at least 12 months after the date of death.
Wills and Executors Sydney
Definition: An Executor of a Will is the nominated person to look after a deceased person’s estate . The major role as an executor is to act for the deceased person and finalise all of their personal, financial and legal accounts.
Wills and Executors Sydney
If you want to make or revise your will, you should consult with an expert wills and estates lawyer. We have a team of expert attorneys at AM Legal Compensation attorneys in Sydney that specialises in wills and executors Sydney. We recognise the need of writing a well-drafted will that expresses your objectives while also protecting your possessions.
AM Legal Compensation Lawyers approaches each case on an individual basis. When it comes to making a will, we recognise that each client is unique and has special wants and concerns. We will listen to your narrative and learn about your goals and aspirations. We will make certain that your will matches your preferences and safeguards your assets.
Our Services
Our wills and executors Sydney estates lawyers in Sydney provide a range of legal services, including:
Drafting Wills Our team of experienced lawyers can help you draft a will that reflects your wishes and protects your assets. We will work with you to ensure that your will is legally binding and that it reflects your current circumstances.
Estate Planning We can assist you with estate planning to ensure that your assets are distributed in accordance with your wishes. We can help you develop a plan that takes into account your unique circumstances and objectives.
Executors and Probate We can advise you on the appointment of executors and help you understand the probate process. We will work with you to ensure that your assets are distributed in accordance with your wishes and that the process is as smooth as possible.
Contesting Wills If you believe that a will is unfair or does not reflect the wishes of the deceased, our team of lawyers can help you contest the will. We will work tirelessly to ensure that your rights are protected and that you receive the best possible outcome.
Why Choose AM Legal Compensation Lawyers?
Experience and Expertise Our team of wills and estates lawyers in Sydney has years of experience in handling wills and estates matters. We have a proven track record of success and will use our expertise to ensure that your wishes are reflected in your will.
Personalized Service At AM Legal Compensation Lawyers, we believe in providing personalized service to every client. We will take the time to listen to your needs and concerns and will work with you to develop a plan that is tailored to your specific situation.
Clear and Transparent Fees We believe in transparency when it comes to our fees. We will provide you with a clear and detailed estimate of our fees and will keep you informed throughout the process.
Free Consultation We offer a free consultation to every client, so you can discuss your case with one of our experienced lawyers and get the legal advice you need without any obligation.
Contact Us Today
Contact the expert wills and estates attorneys at AM Legal Compensation attorneys in Sydney if you need help establishing or amending your will. We will collaborate with you to ensure that your intentions are represented in your will and that your assets are safeguarded. Contact us now for a free wills and executors Sydney consultation.
