Wills & Estates
Careful planning today prevents difficulty for those who follow.
Harvard Legal provides legal services relating to wills, estate planning and estate administration in New South Wales, so that clients can secure their future, manage their estate effectively and ensure their wishes are honoured.
Creating a valid and comprehensive will is fundamental to estate planning. We assist clients in drafting wills that clearly specify how assets are to be distributed, reducing the prospect of disputes and giving effect to testamentary intentions.
The legislative framework
In NSW the primary legislation governing wills is the Succession Act 2006 (NSW), which consolidates the law relating to inheritance, estate administration and intestacy.
Key aspects of wills under NSW law
- Validity: formal requirements must be satisfied for a will to be valid, including that it be in writing and properly executed and witnessed.
- Testamentary capacity: the testator must understand the nature and effect of the document being made.
- Executors: the will should appoint an executor to administer the estate and give effect to its terms.
- Intestacy: where a person dies without a valid will, the estate is distributed according to the statutory intestacy rules.
Estate administration
Following a death, the executor is responsible for identifying assets and liabilities, obtaining a grant of probate where required, and distributing the estate in accordance with the will. We assist executors and beneficiaries through each stage of this process.
Frequently asked questions
What happens if a person dies without a will in NSW?
The estate is distributed in accordance with the intestacy provisions of the Succession Act 2006 (NSW), which set out a statutory order of entitlement. That order may not reflect what the deceased would have chosen, which is why a valid will is important.
Is probate always required?
Not always. Whether a grant of probate is needed depends on the nature and value of the assets held and on the requirements of the institutions holding them. We can advise on whether an application is necessary in your circumstances.
Discuss your matter with Harvard Legal.
We will explain your options, the process ahead and how we can assist.