Wills & Probate
Wills, Estates and Probate Lawyers Sydney
Our probate lawyer Sydney has been acting in relation to Probate, Wills and Estates for over 30 years. We pride ourselves on giving sensible and practical advice in relation to obtaining grant of probate, drafting a
Will and estate planning.We are also experienced in advising in relation to Will disputes, with recent victories for clients in the NSW Supreme Court and Court of Appeal.
Call us on 02 9232 8033 to arrange for a free consultation in relation to your particular matter.
Grant of Probate
A Grant of Probate is the Order that is made by the Supreme Court, which confirms that the Will that is relied upon is the last Will of the deceased, and that the person(s) nominated as the Executor(s) of that last Will has satisfied the Court that he/she/they are the persons to whom the Court should grant such an Order.
The nominated Executor(s) ‘prove’ to the Court that they are the persons entitled, and hence they will be granted “Probate”.
The Court Rules require that an Application for a Grant of Probate (and/or Letters of Administration) should be made within six (6) months of the Testators death. If the Application is not made within that period, an explanation of the reasons for the delay will have to be given in the form of an Affidavit.
Drafting a Will
Having a valid will in place is the best way to ensure that your estate is taken care of in accordance with your intentions. A legal Will is a simple document which sets out who will be responsible for administering your estate and who the beneficiaries of your estate are eventually going to be.
An estate is divided up according to the ‘rules of intestacy if there is no will in place when a person passes away. This means the deceased has no control over who their assets go to.
Our Wills and Estates Lawyers are experts in their field, We prepare wills with utmost care and skill, to ensure our client’s intentions are clearly reflected in a binding legal document.
A legal Will should be reviewed whenever you:
enter into a new relationship
separate or divorce
have children
acquire or dispose of substantial assets
Letters Of Administration Upon Intestacy
When a deceased dies and he/she has not left a Will, he or she dies “intestate”, and his or her estate passes to the next of kin in accordance with the rules of intestacy as set out in the Succession Act 2006 (the “Act”).
This also happens if a deceased leaves a Will which only distributes part of the his/her estate (i.e. where the deceased dies “partially intestate”).
In those circumstances, where a person dies intestate, the Court will appoint an Administrator to carry out the administration of the Estate, and the Court order is then known as “Letters of Administration”.
(If a Will validly appoints an Executor but there is still a partial intestacy, Probate will be granted to the Executor with the partial intestacy then being dealt with in accordance with the intestacy rules.)
Letters of Administration are also required if a sole Executor renounces his or her appointment or dies before completing the realisation and distribution of the estate.
Our Wills & Estates Expertise
- Drafting a Will
- Estate Planning
- Probate & Estate Administration
- Challenging a Will
- Enduring Guardianship
- Power of Attorney
- Reseal of Grant of Probate
- Advanced Care Directives
- Testamentary Trusts
- Special Disability Trusts
Wills & Estates – Some Things To Consider
When you obtain a divorce order from the Family Court of Australia your Will might be automatically invalidated if it is not changed.
If you are separated but not divorced and you do not change your Will, it is possible your ex-spouse might become a beneficiary of your estate.
If you are in a de facto relationship and your Will does not mention your de facto partner they could challenge your Will.
If you have a Will that does not mention a child or other dependent they could challenge your Will.
Not planning properly for the distribution of your superannuation and death benefit can have unintended consequences for your estate. Consider a binding nomination.
If you think any of these situations applies to you then you must speak to a Wills & Estates lawyer as soon as possible. Even if this is not applicable, do not put off your estate planning until it is too late.
Our Wills & Estates lawyers will give you the benefit of their years of experience to ensure a smooth process for the administration of your estate.
Fees for grant of probate or letters of administration
Our probate lawyer fees to obtain a grant of probate or letters of administration are fixed in accordance with the scaled fees found in schedule 3 of the Legal Profession Uniform Law Application Regulation which are based on the value of the assets of the estate.
To find out about our fees in relation to administration of an estate (such as selling shares or winding up bank accounts) please contact one of our probate lawyers for a free quote on (02) 9232 8033.
A Smarter, Flexible Way to Fund Your Estate Administration Matter
Managing a deceased estate and the probate process often means covering more than just legal fees. Executors can face costs like insurance, property maintenance, and other expenses – often out of their own pocket, with reimbursement to come later. They may even want to improve assets prior to sale.
Through our partnership with JustFund, eligible Executors and Beneficiaries can access flexible funding to cover these expenses as well as legal fees, with no repayments until probate is finalised. This helps ease financial pressure while ensuring the estate is preserved. Contact us for more information, or visit JustFund.com.au
PLAN FOR PEACE OF MIND
Protect your legacy and your loved ones. Our private client team will help you draft a comprehensive plan that ensures your wishes are honoured.
Frequently Asked Questions
A will sets out how your assets are to be dealt with after death and who is responsible for administering your estate. Without a valid will, your estate is distributed according to intestacy laws, which may not reflect your wishes. Clear planning reduces uncertainty, delay and the risk of disputes between family members.
A will should be prepared as soon as you have assets or dependants. It should be reviewed when circumstances change, such as marriage, separation, the birth of children, acquiring or selling property, or changes to financial arrangements. Regular review with wills and estate lawyers ensures your will remains effective and aligned with your intentions.
Probate is the formal process of proving a will and obtaining court authority for the executor to deal with estate assets. Not all estates require probate, but many financial institutions and property transactions do. Probate lawyers in Sydney assist executors to navigate this process efficiently and correctly.
Timeframes vary depending on the estate and whether issues arise. Straightforward matters may be completed within a few months. Delays can occur if documents are missing, the will is unclear, or disputes arise. Early advice helps manage expectations and avoid unnecessary complications.
An executor is responsible for administering the estate. This includes locating assets, paying debts, applying for probate if required, and distributing the estate according to the will. Acting as an executor carries legal obligations. Probate solicitors can assist executors to comply with these duties and reduce personal risk.
If a person dies without a will, their estate is distributed under statutory rules. This may exclude intended beneficiaries or create outcomes the deceased would not have chosen. Applications for administration can also be more complex. Advice from wills and probate lawyers helps families understand their position and next steps.
Yes. Certain eligible persons may make a family provision claim if they believe the will does not make adequate provision for them. Time limits apply. Early advice allows risks to be assessed and, where possible, disputes to be resolved without court proceedings.
Estate assets typically include property, bank accounts, investments and personal items held in the deceased’s name. Some assets, such as jointly owned property or superannuation, may pass outside the estate. Understanding what is and is not covered by a will is an important part of succession planning.
Yes. Disputes may arise between executors and beneficiaries or between family members. A probate law firm can advise on rights, obligations and options for resolution, including negotiation and court proceedings where required.
Costs depend on the complexity of the estate or dispute. Many probate matters are paid from the estate. Clear advice at the outset allows executors and beneficiaries to understand likely costs and make informed decisions.
Clients should look for experience, clarity and sensitivity. Matters often arise at difficult times. Working with experienced wills and estate lawyers ensures advice is practical, legally sound and delivered with care.
Jake McKinley advises individuals, executors and families on estate planning and administration. The firm acts as wills and probate lawyers across straightforward estates and complex succession matters. Clients value a probate law firm that provides clear advice, manages risk and progresses matters efficiently. The team regularly assists clients seeking probate lawyers in Sydney and probate solicitors who understand both the legal and personal aspects of estate matters.
An initial discussion can clarify whether a will needs updating, whether probate is required, or how an estate should be administered. Speaking with experienced wills and probate lawyers early can reduce stress, delay and the risk of disputes, while ensuring matters are handled correctly from the outset.