Wills and Estates Lawyers New South Wales

Wills and Estates Lawyers in New South Wales

Wills and estates law in New South Wales governs how a person's assets, debts and personal wishes are managed both during their lifetime and after their death. This area of law covers the preparation of legally valid wills, the administration of deceased estates, applications for probate or letters of administration, and disputes over how an estate is distributed. New South Wales has one of the most active estates jurisdictions in Australia, with a significant number of families navigating complex family structures, blended households and substantial property holdings that require careful legal planning.

Engaging a wills and estates lawyer in New South Wales is essential to ensure your wishes are properly documented and legally enforceable. Without a valid will, your estate will be distributed according to the intestacy provisions of the Succession Act 2006 (NSW), which may not reflect your intentions. A lawyer can also help you understand your obligations as an executor, advise beneficiaries of their rights, and represent you in contested estate proceedings before the NSW Supreme Court. Whether you are planning ahead or dealing with a loved one's estate, professional legal advice can prevent costly mistakes and family disputes.

The primary legislation governing wills and estates in New South Wales is the Succession Act 2006 (NSW), which consolidates the law relating to wills, intestacy and family provision claims. The Probate Division of the NSW Supreme Court oversees all probate applications and contested estate matters, including family provision claims. New South Wales consistently records the largest volume of contested estates in Australia, making it particularly important to obtain specialised legal advice if you believe an estate has not been properly administered or a will does not adequately provide for you.

Will Drafting

Our New South Wales wills and estates lawyers assist individuals and families in preparing legally valid wills that clearly express their testamentary intentions. Under the Succession Act 2006 (NSW), a will must be in writing, signed by the testator and witnessed by two independent adults to be formally valid. We take the time to understand your circumstances, including the nature of your assets, your family structure and any specific wishes you have regarding gifts, guardianship of children or business succession, to ensure your will is thorough, unambiguous and fit for purpose.

Powers of Attorney and Guardianship

Planning for incapacity is just as important as planning for death. Our lawyers can prepare enduring powers of attorney under the Powers of Attorney Act 2003 (NSW), which authorise a trusted person to manage your financial and legal affairs if you lose capacity. We also advise on enduring guardianship arrangements under the Guardianship Act 1987 (NSW), which allow you to appoint someone to make personal and lifestyle decisions on your behalf. Having these documents in place gives you and your family certainty and avoids the need for costly and time-consuming applications to the NSW Civil and Administrative Tribunal.

Probate Applications

When a person dies leaving a will, the executor named in that will typically needs to apply to the Probate Division of the NSW Supreme Court for a grant of probate before they can formally administer the estate. Our lawyers handle the entire probate process, from gathering the necessary documentation to filing the application and responding to any requisitions issued by the Court. For estates where no valid will exists, we also assist administrators in applying for letters of administration, ensuring the estate is managed in accordance with the intestacy provisions of the Succession Act 2006 (NSW).

Contesting a Will and Family Provision Claims

New South Wales law allows certain eligible persons to make a family provision claim if they believe a deceased person's will, or the intestacy rules, have failed to make adequate provision for their proper maintenance, education or advancement in life. Under Part 3.2 of the Succession Act 2006 (NSW), eligible claimants include spouses, de facto partners, children, former spouses and some grandchildren and dependants. Critically, any family provision claim in New South Wales must be filed in the NSW Supreme Court within 12 months of the date of death, and missing this deadline can be fatal to your claim. Our lawyers act for both claimants and defendants in family provision proceedings, providing strategic advice and representation at every stage.

Estate Administration

Administering a deceased estate in New South Wales involves a range of duties, including identifying and valuing assets, paying debts and taxes, notifying beneficiaries and ultimately distributing the estate in accordance with the will or the rules of intestacy. Executors and administrators carry personal liability for errors made during the administration process, which is why professional legal guidance is so important. Our lawyers assist executors and administrators throughout the entire administration, including dealing with real property, share portfolios, superannuation death benefits and complex family trust structures, to ensure the estate is wound up correctly and efficiently.

Go To Court Lawyers has been helping New South Wales residents with wills and estates matters since 2010, building a reputation for accessible, high-quality legal advice across Sydney and regional NSW. As part of Australia's largest legal network with more than 800 lawyers nationwide, we have the depth of expertise to handle everything from straightforward will drafting to complex contested estate proceedings in the NSW Supreme Court. Our local Sydney lawyers understand the particular demands of New South Wales' busy estates jurisdiction, and we are committed to providing timely, practical advice tailored to your circumstances. We offer a $295 fixed-fee initial consultation so you know exactly what you're paying upfront, and our 24/7 legal hotline means you can reach a lawyer whenever you need one. We also offer same-day appointments for urgent matters, ensuring you never have to wait when time is critical — particularly given the strict 12-month deadline for family provision claims in New South Wales. With a 4.5-star rating on Product Review, our clients' satisfaction speaks for itself.