Blog
Category: Deceased Estates
Contested estates on the rise in NSW: why estate planning matters
According to figures reported by the ABC in September 2025, the number of people dying without a valid Will, with an old Will, or with an unclear or incomplete Will,
Read more
When is probate required in NSW?
One of the important steps after someone passes away may involve the executor applying for a Grant of Probate to allow them the authority to administer the estate. While probate is commonly required, it is not necessary in every case.
Read more
Should I treat my children equally in my Will? Navigating unequal gifts
There is no particular reason or legal obligation that will require a parent to treat their children equally under their Will. But while the law gives you the freedom to distribute your estate however you wish, unequal gifts can carry consequences, both legal and emotional.
Read more
Can I leave someone $1 in my Will to prevent them making a claim against my estate?
It is a question that often arises during estate planning when trying to manage the risk of a person contesting a Will: "If I leave someone a token amount, like $1, in my Will, does that stop them from contesting it?"
Read more
What makes a Will valid in NSW?
Learn if your NSW Will complies with the formal legal requirements and be considered valid Will, and what specific conditions need to met to achieve this.
Read more
Who is entitled to see a Will in NSW?
In New South Wales, the right to access/view a deceased person's Will is governed by the Succession Act 2006 (NSW). This legislation outlines who is entitled to inspect or obtain a copy of a Will after the testator's death.
Read more
Defending a Will against a Family Provision Claim in New South Wales
In New South Wales, the Succession Act 2006 (NSW) allows certain individuals to challenge a Will if they believe they have not been adequately provided for. These challenges, known as Family Provision Claims, can be emotionally taxing and legally complex.
Read more
How long does probate take in NSW?
As executors are often new to the probate process, it’s a common for them to ask how long the probate process takes. In this blog, we look at timeframes, application requirements and what can cause delays.
Read more
Who has the right to make decisions about a deceased's body?
Understanding who holds the legal right to make decisions about what happens to the body of a deceased person is essential for ensuring the deceased's wishes are respected and avoiding disputes during an already difficult time.
Read more
Advantages of professional advice when making a Binding Death Benefit Nomination
When considering a Binding Death Benefit Nomination, professional advice can be valuable to ensure the nomination is valid, complies with relevant legislation, and fits within your broader financial and estate planning strategy.
Read more
Can I sell property of a deceased estate before probate is granted?
If you're handling a deceased estate with real property in NSW, you can list the property for sale and even exchange contracts before probate, but formal property transfer needs to wait until probate is granted. The contract must stipulate settlement subject to probate.
Read more
Executor duties when dealing with property of a deceased estate
In NSW, an executor of an estate has several responsibilities when handling the real estate of the deceased. Beyond simply selling the property, they must carefully manage it to protect its value and comply with the legal requirements imposed on them as the executor.
Read more