Planning for the future and dealing with the estate of a loved one are important responsibilities. ACLA Lawyers helps clients put the right documents in place and guides families through the administration of an estate with care and clarity.

How we can help

  • Preparing and updating wills
  • Enduring powers of attorney and enduring guardianship
  • Applications for probate and letters of administration
  • Acting for executors and administrators
  • Claims on an estate, including family provision claims
  • Estate disputes and challenges to a will

Why a current will matters

Without a valid will, your assets are distributed under the law of intestacy, which may not reflect your wishes. A will should be reviewed after major life events such as marriage, separation, divorce, the birth of a child or a significant change in your assets. In NSW, marriage generally revokes an existing will, and divorce can affect gifts to a former spouse.

Planning for incapacity

An enduring power of attorney lets you appoint someone you trust to make financial decisions if you cannot. An enduring guardian can make health and lifestyle decisions on your behalf. Putting these in place while you have capacity avoids stress and uncertainty later.

When someone has died

If you have been named as an executor, you may need to apply to the Supreme Court of NSW for a grant of probate before you can deal with the estate's assets. We can assist with the application, the administration and the final distribution.

Common questions

Do I need a lawyer to make a will?

A will can be valid without a lawyer, but errors in signing, witnessing or wording are common and can cause disputes. Legal advice helps ensure the will works as you intend.

What is probate?

Probate is the court's confirmation that a will is valid and that the executor has authority to administer the estate.

Can someone challenge a will?

Yes. A person who is eligible and believes they have not been adequately provided for may be able to make a family provision claim. In NSW, there is a strict time limit of generally 12 months from the date of death, so seek advice quickly.

Related reading

Do you actually need a new will after a big life change?

This page contains general information only and is not legal advice. Please contact us about your own circumstances.

Speak with ACLA Lawyers

Book a consultation to discuss your will or estate. Call 0494 747 595 for a free 20-minute initial call.

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