Wills & Estates

We’ll provide you with the best advice to protect your loved ones

It's best to be prepared

Will today be the day you make a will? Death is a certainty of life, so preparing for when that certainty eventuates by visiting a solicitor to prepare a will makes good sense. Wills drafted by Prime Lawyers are neither expensive, complicated or time consuming. While you meet with us we will explain to you the importance of making a will, draft a legally valid will which ensures your wishes are recorded correctly and also explain to you the benefits of other estate planning documents such as Powers of Attorney and the appointment of an Enduring Guardian. We operate one of the largest privately owned Probate divisions in New South Wales, so we are well experienced with Probate, Wills and Estates. 

what we can help you with

We cover a range of services

Defending or Contesting a Will


The qualification to testamentary freedom is set out in legislation. In New South Wales this qualification is set out in the Family Provisions Division of the Succession Act 2006.

The Act provides that certain individuals can contest a Will, those persons being defined in the Act as 'Eligible Persons' (see our article 'Who are Eligible Persons').

Some categories of Eligible Persons have more hurdles than others to overcome before a contest to the Will is successful, but for all categories the Eligible Person must establish that the provision made for them in the Will was inadequate, and if so, satisfy the Court that an order for the persons maintenance, education or welfare should be made, based on a number of factors.

Prime Lawyers is a leading firm in the field of contested estates and uniquely placed, operating one of the State's largest Probate divisions meaning that Prime Lawyers is regularly instructed by executors to defend claims brought by Eligible Persons against the estate. 

There are strict time limits for contesting estates and it is important to obtain advice from a firm regularly appearing before the Supreme Court of New South Wales in what is a complicated area of law. We are confident Prime Lawyers will have your confidence to bring or defend a claim and invite you to contact us for a no obligation appraisal of your case. There is no fee for doing so.     

We have contested estates & wills lawyers at Sydney, Parramatta, Chatswood, Sutherland and Wollongong.    

Guardianship

An enduring guardian is a person appointed by you to make decisions on your behalf in relation to your lifestyle in the event that you become incapable to manage these decisions for yourself.

Examples of matters upon which an enduring guardian can make decisions on your behalf:   

- As to where you live;

- Medical treatment you receive;and

- Other personal services you receive.   

When appointing an enduring guardian you can specify what decisions they can and cannot make on your behalf by empowering them with certain functions. You decide on how many or few functions the guardian has. 

There are certain legal limitations on the guardian which include:

- Your guardian cannot make a will for you;

- Your guardian cannot consent to your marriage; and

- Your guardian cannot manage your finances. A Power of Attorney is required for financial decisions.

The appointment of an enduring guardian to make health decision for you will often go hand in hand with the appointment of an attorney to manage finances, for instance, a move to assisted or aged care involves health decisions as well as financial decisions, being the cost of paying for those health services. 

Prime Lawyers will explain these estate planning documents and ensure the appointment of an attorney is documented correctly to ensure your wishes are given full legal effect. We invite you to contact us to obtain a schedule of our fees or to make an appointment to meet with one of our friendly lawyers.

We have guardianship lawyers located at Sydney, Parramatta, Chatswood, Sutherland and Wollongong.    

Power of Attorney

A Power of Attorney is a legal document appointing a person to manage your financial affairs and assets.

A Power of Attorney is useful if you are going overseas, are unwell or immobile and you need assistance in managing your financial affairs and assets.

More commonly a Power of Attorney is used as an estate planning too. This is so as there may become a time at which you are incapable of managing your affairs. By executing an Enduring Power of Attorney the appointment endures after the point at which you have lost the capacity to make decisions. The Enduring Power of Attorney can be drafted to commence at any time, but is more commonly drafted to take effect when a medical professional provides a certificate to the effect that you (the principal) are no longer capable of managing your own affairs. 

Powers of Attorney can operate to appoint one or more attorneys acting either jointly, severally, or joint and several.

Appointing an Attorney is a quick and easy way to ensure the people close to you have the legal authority to deal with your assets in the event that you require assistance doing so in your lifetime. It is essential the correct form of Power of Attorney is used to ensure the appointment is legally valid.

Prime Lawyers will advise you on the benefits of making an Enduring Power of Attorney, answer any questions and attend to the drafting and due execution of the approved form with little fuss. We invite you to get in touch to receive our latest fee schedule or to make an appointment at one of our offices to meet with one of our friendly estate lawyers.

We have wills and estates lawyers located at Sydney, Parramatta, Chatswood, Sutherland and Wollongong.    

Probate


Probate is an application before the Supreme Court of New South Wales proving the last will and testament of the deceased.

Once probate of the will has been granted all property of the deceased vests in the name of the executor. This means the executor has the legal authority to call in and take possession of those assets from the individuals and organisations holding onto the deceased's assets, for example, the bank, share registry, Department of Lands or aged care facility. 

In this respect, the requirement to obtain the grant of probate is determined by the type and size of the estate left by the deceased. Some assets, such as jointly owned property, do not form part of the estate of the deceased, and will therefore not require the grant before the asset can be transferred to the joint owner. If the estate is small in value the requirement to obtain probate may also be waived by the asset holder if appropriate documentation is completed, usually in the form of a small estates indemnity. 

Although the practical considerations noted above often drive the decision to obtain the grant, there are also sound legal reasons to obtain the grant. An executor inter-meddling in the administration of an estate without the grant of probate may be held personally liable for their actions if a later will is proved. Obtaining probate and complying with the notice provisions of the Probate and Administration Act 1898 also provides the executor with legislative protection from claims of creditors against the estate. Without the grant of probate an executor can be held personally liable for the debts of the estate creditors where distributions have been made to the beneficiaries. 

Prime Lawyers operates one of the largest private probate firms in New South Wales. Our experience in obtaining the grant of probate means that we process applications quickly, with little fuss and at fixed cost so there are never any surprises for both executor and beneficiary. We are very confident our probate service is second to none and invite you to contact us so that we can provide you with a no obligation costing and outline of the steps required to obtain the grant of probate.

We have offices in Sydney, Parramatta, Chatswood, Sutherland and Wollongong.    

Wills

Most people know what they want to happen when they die, and a will drafted by a solicitor is the best way to ensure those wishes are given legal effect. 

It is important to obtain legal advice on a will for a number of reasons, but here are three of the most important:

1. Formal requirements

The Succession Act 2006 sets out the requirements for a valid formal will. If these requirements are not met, for instance the correct execution of the will, then the will can still be admitted to Probate, but it creates complications in the form of delay, uncertainty and cost which are avoided by meeting with a solicitor of Prime Lawyers - we know the rules, its our job.

2. Making sure your wishes count

What you want to happen when you die needs to be written clearly and with an understand of the law of wills and estates. Prime Lawyers will explain to you what assets form part of your estate and which do not, what happens if your beneficiaries do not survive you and what meaning gifts in your will shall be attributed on your death (for instance, whether a gift of "my car" means your car now, or your car owned at death). 

3. Understanding the impact of Family Provision Legislation  ("contesting wills")

Worried about that long lost cousin contesting your will? In New South Wales only certain people, called 'eligible persons', can contest a Will. Understanding who is eligible to contest a will and what needs to be established for such a claim to be successful is an important consideration. Misinformation as to this area of law can also have the opposite effect, for instance, including a beneficiary in a will to avoid the beneficiary from contesting the will at a later date. Prime Lawyers is a leading contested estates firm and will explain the operation of the Family Provision division of the Succession Act 2006.

Wills drafted by Prime Lawyers are not complicated and therefore not expensive. We take no short cuts but unlike some of our competitors understand that key to a valid will is the will maker's knowledge and approval. We take the time to understand your wishes, document those wishes in a valid formal will and ensure the will meets the requirements of the Succession Act 2006 - its simple, so we do not complicate the process.

If you would like to meet with one of our lawyers, or to obtain a costing please do not hesitate to contact us on the details below.   

We have wills lawyers located at Sydney, Parramatta, Chatswood, Sutherland and Wollongong.    

Which offices practise in Wills & Estates

We cover a range of locations

Wills & Estates Lawyers Chatswood

Prime Lawyers Chatswood is located within the Zenith Building on the Pacific Highway, Chatswood. We provide a range of legal services to those living and working in and around Chatswood and the North Shore in wills & estates from simple wills and powers of attorney to contested estate and probate applications. 

We have particular expertise at defending contested estate claims in the Supreme Court of NSW and represent executors and beneficiaries in those proceedings.   

Park at either of the Secure or Wilson parking stations located at the end of McIntosh Street or arrive by train at Chatswood Station located 200 metres away from the Zenith.

Prime Lawyers Chatswood is staffed by wills and estates lawyers based out of our Sydney CBD office so attendance is by appointment only. Make an appointment by getting in touch on 9521 2222 or by completing an enquiry online.  


Wills & Estates Lawyers Parramatta

Our wills, probate and estates lawyers at Prime Lawyers Parramatta provide premium legal services to the people of Greater Western Sydney. Our wills and estates lawyers provide advice to clients living in and around the Hills District, Parramatta, Fairfield, Liverpool, Blacktown and Penrith in a range of services from simple wills and powers of attorney through to complex contested estate and probate applications in the Supreme Court of NSW. 

We have particular expertise at defending contested estate claims in the Supreme Court of NSW and represent executors and beneficiaries in those proceedings.

We are located in the heart of the legal precinct in George Street, Parramatta, directly across from the Sydney West Trial Courts, and a minute's walk to both the Family Court of Australia and Local Court Parramatta. 

For those travelling by public transport we are a 10 minute walk from Parramatta train station (head up towards George Street through the mall), and we are also close to a number of parking stations if you are driving, including those accessible from Hunter Street and Erby Place.

We are open 8:30am-5:30pm Monday to Friday (excluding Public holidays) but as all conferences with Prime Lawyers are by appointment only please get in touch with our office in Parramatta by calling on 9635 8100, dropping by and visiting Christina at the front desk or by submitting an enquiry online.   

  

Wills & Estates Lawyers Sutherland Shire

Our wills and estates lawyers at Prime Lawyers Sutherland service the great people of the Sutherland Shire and surrounds. We are located 200 metres west of the Sutherland Local Court and have become known as the law firm on the corner of Flora and Merton streets Sutherland. We provide a range of legal services to those living and working in and around the Sutherland Shire in wills & estates from simple wills and powers of attorney to contested estate and probate applications. We have particular expertise at defending contested estate claims in the Supreme Court of NSW and represent executors and beneficiaries in those proceedings.   

Parking is free although parking times vary between 1, 2 and 4 hours, so take note of the posted signs. If travelling by public transport we are located a short walk east from Sutherland train station.

Conferences are by appointment only but you can get in touch with one of our wills and estates lawyers at Sutherland by calling 9521 2222, booking an appointment online or visiting Chelsa at our front desk 8:30am-5:30pm Monday to Friday excluding Public Holidays.

All of our staff have either lived or worked locally for a number of years and we take pride in ensuring the people of the Sutherland Shire receive the best possible legal advice. We have experienced lawyers in wills and estates and we look forward to assisting you with your legal matter, big or small.


Wills & Estates Lawyers Sydney

Our wills and estates lawyers at Prime Lawyers Sydney CBD service clients living or working in and around our beautiful city of Sydney. We also act for those clients living in the suburbs, country and interstate with legal requirements relating to the Sydney CBD. All of the superior Courts of New South Wales are located within the Sydney CBD including the Supreme Court of NSW which hears all wills, probate and contested estates matters in NSW.


We provide a range of legal services to those living and working in and around the Sydney CBD in wills & estates from simple wills and powers of attorney to contested estate and probate applications. We have particular expertise at defending contested estate claims in the Supreme Court of NSW and represent executors and beneficiaries in those proceedings.


Travelling by public transport in the city is your best alternative and we are a short stroll east along Bathurst Street from Town Hall Station. If travelling by car the nearest parking station is the Secure parking station on the corner of Goulburn and Elizabeth Streets Sydney.


If you have a legal matter which falls within our wills and estates practice area we can provide you with the best possible legal advice. Conferences are by appointment only so if you are in need of legal advice from one of our wills and estates lawyers in Sydney then get in touch 8:30am-5:30pm Monday to Friday (excluding public holidays) by calling 9521 2222, completing an enquiry online or dropping by to make an appointment with Ashley at our front desk. We'll be pleased to hear from you.


Wills & Estates Lawyers Wollongong

Our wills and estates lawyers at Prime Lawyers Wollongong service Wollongong & the Illawarra region. We provide a range of legal services to those living and working in and around Wollongong in wills & estates, from simple wills and powers of attorney to contested estate and probate applications. We have particular expertise at defending contested estate claims in the Supreme Court of NSW and represent executors and beneficiaries in those proceedings.


Our Wollongong solicitors are located on the ground floor 70 Market Street Wollongong, which is on the left as you head east along Market Street (from Keira Street) towards the 'Church on the Hill'. Street parking is available by paid 'mobile app' parking meter, but for the traditional parking station try the GPT shopping centre parking located on the left as you pass the Wollongong Police Station. If travelling by public transport the free bus from Wollongong train station to Crown Street Mall is your best option. 


Conferences with our wills and estates lawyers are by appointment only, but you can get in touch by calling us on 4228 7722, booking an appointment online, or visiting Elise or Lee at the front desk 8:30am-5:30pm Monday to Friday excluding public holidays. 

Happy Customers

Thank you so much once again for all the hard work you put in to the case. I know you say it was your job but my interpretation of just doing a job is far from what you demonstrated throughout your time. I just feel I cannot thank you or express my thanks enough for what you have done.

Executor- Defended Estates Client

Our firm is uniquely placed to provide quality, up to date wills and estates advice being one of the largest privately owned Probate firms in New South Wales. We keep simple wills simple and have the experience and resources to both defend and commence contested estates proceedings in the Supreme Court of New South Wales. Prime Lawyers will provide you with the best advice for your particular circumstances. 

Peter Murphy - Managing Partner, Head of Division

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