Blog
Category: Deceased Estates
Can Gifts in a Will Be Changed After Death? Understanding Deeds of Family Arrangement in NSW
When someone passes away, their Will (or the NSW Succession Act 2006 if there is no Will) determines how their estate is distributed - but where all interested parties agree, that distribution can be varied through a legally binding agreement known as a Deed of Family Arrangement.
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Concerned your step-children may challenge your Will in New South Wales?
Blended families can add complexity to estate planning, particularly when step-children are involved. A common concern in New South Wales is whether step-children can challenge a Will if they are excluded or left little provision.
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Do adult children have an automatic right to inherit in NSW?
When a parent passes away, many people assume that children will automatically receive a share of their parents’ estate, regardless of age or circumstances. In New South Wales, however, it is not always straightforward and will depend on a variety of factors.
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Who pays funeral expenses in NSW?
When a loved one dies, one of the first practical steps is arranging the funeral. This blog explains how funeral expenses are dealt with and what executors should know about managing those costs.
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Can grandchildren challenge a grandparent’s Will?
Not every grandchild has the right to contest a grandparent’s Will in NSW. This blog explains the rules around eligibility, what “dependency” and “factors warranting” mean, and how courts decide whether a grandchild should receive provision from an estate.
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Key considerations before accepting the role of executor in NSW
Before you accept the appointment of executor, it is important to understand what the role of executor involves and what risks it carries. Obtaining legal advice before you start acting can save you significant time, stress and personal exposure.
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How to deal with mistakes or ambiguity in a Will
When a loved one passes away, their Will is meant to provide clear instructions about how their estate should be managed and distributed. Unfortunately, sometimes mistakes are discovered in a Will, or the wording in the Will is unclear.
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Releasing the right to contest a Will
In New South Wales, eligible persons have the legal right to challenge a Will if they believe that they have been unfairly left out or inadequately provided for. However, there are some circumstances where a person may explicitly agree not to make a family provision claim.
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Understanding time limits in NSW for contesting a Will
If you are wanting to explore the options of making a family provision claim, it is important that you do so within the time frame required. This blog will assist you with eligibility to contest a Will, the court’s considerations, time frames, and what to do if you are outside the time frame.
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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,
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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.
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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.
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