Wills & Estates

Mutual wills are two wills made under a binding agreement that neither party will revoke or change their will without the other’s consent. Once one party dies without breaking the agreement, NSW courts can prevent the survivor from departing from it, even though technically nothing stops them from signing a completely different will. Empower Probate […]

A testamentary trust is a trust created by a will that only comes into existence after the will-maker dies. Instead of a beneficiary receiving their inheritance outright, in cash or as direct ownership of an asset, the assets are held and managed by a trustee for their benefit, under terms the will-maker sets in advance.

A Notice of Intended Distribution protects an executor or administrator from personal liability to a creditor or claimant, provided the executor did not know about the claim at the time of distribution. It does this by starting a countdown before distribution, giving anyone with a claim a final, defined window to come forward. Empower Probate

A de facto relationship is proven in NSW by weighing up all the circumstances against factors set out in the law, not by meeting any single fixed test. Under section 57(1)(b) of the Succession Act 2006 (NSW), a de facto partner is an eligible person who can bring a family provision claim, but unlike a

A life interest and a right to reside both let someone live in a property after the will-maker’s death without owning it outright, but they carry different rights and obligations. A life interest gives the holder, known as the life tenant, a proprietary interest in the property for their lifetime, including the right to rent

A Deed of Family Arrangement is a legally binding contract between all beneficiaries of a NSW estate (and the executor) to vary how the estate is distributed. It can override the will or the intestacy rules in the Succession Act 2006 (NSW) and is commonly used to settle family provision claims and other estate disputes

A grant of probate in NSW takes one of two forms. A grant in common form is the standard administrative grant made by the Registrar where the will is uncontested. A grant in solemn form is a judicial determination made by a judge after contested proceedings, and it binds all interested parties. Most NSW estates

In the first 30 days after a death in NSW, an executor’s role is to secure the estate, register the death, locate the will, and prepare for probate. The executor has the authority to arrange the funeral, but cannot deal with most assets until a grant of probate is issued by the Supreme Court of

A reseal of probate is the Supreme Court of NSW formally recognising a grant of probate or letters of administration issued in another Australian state, the United Kingdom, or another recognised Commonwealth country. Section 107 of the Probate and Administration Act 1898 (NSW) is the operative provision. A reseal saves the executor from applying for

In NSW, an executor can list a deceased estate property for sale and exchange contracts before probate is granted, but settlement cannot occur until the Supreme Court has issued the grant. Until then, the executor has no legal authority to transfer title. This timing creates real risk if probate is delayed or contested. Empower Probate