Wills and Estates

Wollongong City Lawyers provides advice in relation to all areas of estate planning, including simple and complex wills, powers of attorney, enduring guardians and probate.

Wollongong City Lawyers provides advice and assistance on all forms of wills and estates matters including:

probate Solicitors drafting wills – a fixed fee service is available

probate Solicitors preparing power of attorney documents

probate Solicitors preparing guardianship documents (for the care of children until the age of 18)

probate Solicitors applying for a grant of probate

probate Solicitors assisting an executor to administer a will

Request a Quote

Yes – we charge fixed fees for preparing wills!

Wills, powers of attorney and guardianship

 

Most Australians do not have a will prepared, but everyone needs a will! Wills are not just for the wealthy.

Anyone who owns real estate, cars, jewellery or other assets of value, or who has savings in the bank account, should ensure that they have a valid and up to date will.

 

Why do I need a will?

  • To ensure that your assets are distributed to the person you choose.
  • To assign guardianship to minors.
  • To detail how your electronic data is to be dealt with – for example, will your facebook, Instagram and twitter accounts be shut down?
  • To detail where your passwords are stored and who can have access to them – for example, how will people access your laptop and mobile phone?

 

How does marriage or separation impact on my will?

  • If you are married and do not have a will then all your possessions will go to your spouse. You need a will if you want to make sure certain gifts pass to specific people – for example, if you want your jewellery to go to your child.
  • If you are married but you and your partner have separated – without a will, your assets will still pass to your spouse!
  • If you developed a will before you got married, then your will might now be invalid! You should get legal advice as soon as possible to ensure you have a valid will.

 

When should I update my will?

Once you have an up to date will, you need to make sure you review it every three to five years to ensure it is current. Keep in mind that changes in your circumstances such as the purchase or sale of an asset, a birth, death, marriage or divorce are some of the events that mean you will need to update your will.

 

How can we help you?

Wollongong City Lawyers provides advice in relation to all aspects of wills and estates, including representation to clients wishing to contest a will, or to executors of estates where a will is in dispute. Contact us on (02) 4263 1803 or send us an email.

Request a Quote

Yes – we prepare wills for a fixed fee!

Do you have an estate law dispute?

Let us know how we can help you!

Contact our office to discuss your wills, estates and probate law needs. We will provide you with options to resolve the situation, together with a competitive and realistic estimate of the legal fees involved.

What our clients say:

“Racheal you are so caring and genuine and down to earth that you made me so comfortable talking to you.”

Rosa

Conveyancing

Probate applications and administration of estates

 

Wollongong City Lawyers can assist clients with preparing applications of probate and administration of estates.

 

What is Probate?

Sometimes an executor in a will needs to apply to the Supreme Court of New South Wales for a grant of probate. A grant of probate means the court has formally approved the will of the deceased and this allows the executor to carry out dividing the assets in accordance with the will.

 

When is probate required?

Probate is always required if one of the following applies:

  • the deceased person owned real estate in their sole name or in joint names with another person as tenants in common; and/or
  • a financial institution (such as a bank) requires a grant of probate before they will release funds from an account; and/or
  • the trustee of a superannuation fund requires a grant of probate before they will release superannuation funds

 

Who needs to apply for probate?
The executor of the will is responsible for applying for a grant of probate.

Wollongong City Lawyers can assist an executor to apply for a grant of probate even if we did not prepare the will for the deceased.The executor will just need to provide us with the will and the death certificate so we can attach it to the paperwork for the Supreme Court.

 

How can we help you?

Wollongong City Lawyers provides advice in relation to all aspects of wills and estates, including representation to clients wishing to contest a will, or to executors of estates where a will is in dispute. Contact us on (02) 4263 1803 or send us an email.

Request a Quote

Yes – we prepare wills for a fixed fee!

Do you need a lawyer to assist with probate?

Let us know how we can help you!

Contact our office to discuss your wills, estates and probate law needs. We will provide you with options to resolve the situation, together with a competitive and realistic estimate of the legal fees involved.

A Will Can Prevent A Dispute Over Your Estate

 

Tension and conflict within a family over the distribution of assets from a deceased’s estate is not as uncommon as you might think. Some of the main causes of disputes include:

  • A view that the assets have not been fairly divided
  • Confusion, uncertainty or differences of opinion around what the deceased would have wanted
  • An executor behaving unfairly or unethically.

 

How can you prevent a dispute over your estate?

 

It is important to have an up to date will that clearly sets out how your assets are to be divided. It is also recommended that you communicate your wishes to the family early on. If you don’t want to discuss this with your family directly, you could also prepare a letter to the executor explaining your wishes. This can reduce uncertainty and prevent any surprises and misunderstandings between family members after you have passed away.

 

Once you have an up to date will, you need to make sure you review it every three to five years to ensure it is current. Keep in mind that changes in your circumstances such as purchasing or selling a home, the birth of a child, death of a spouse or other family member, marriage or divorce are some of the events that mean you may need to update your will.

 

Planning how you want to divide your assets after you pass away can be an emotional process for you. However, if you have an up to date will that sets out how the assets are to be divided, and you let people know the reasons why you have made these decisions, you will ensure your family’s continued harmony after you are gone.

 

How can we help you?

Wollongong City Lawyers provides advice in relation to all aspects of wills and estates, including representation to clients wishing to contest a will, or to executors of estates where a will is in dispute. Contact us on (02) 4263 1803 or send us an email.

Request a Quote

Yes – we prepare wills for a fixed fee!

Do you need a lawyer to assist with probate?

Let us know how we can help you!

Contact our office to discuss your wills, estates and probate law needs. We will provide you with options to resolve the situation, together with a competitive and realistic estimate of the legal fees involved.