Wills, Estate Planning, and Probate

Family provision matters take up a significant preparation of the work undertaken by the Civil section of Supreme Court of New South Wales. This area of law is becoming increasingly complex and involved.

Our Allan Farrar and Scott Dougall have extensive experience in the areas of Family provisions, estate planning, probate and in drafting wills.

Wills

All people over the age of 18 years should have a will. It is particularly important to make a will after a marriage or divorce of if you are leaving a defacto or same sex relationship. Legislation governing wills has the effect of removing any gift to a former spouse following termination of marriage.

It is advisable to renew a will following separation or divorce.

It is important that your will is properly drafted to ensure that your wishes are carried out and that your will can as far as the law can provide, withstand any challenge made against it.

White Barnes provides a comprehensive will service including a deed packet facility for clients who retain our services to draft a will on their behalf.

Family Provisions- Disputed wills

A will can be challenged in many circumstances, including suspicion about the will makers mental capacity, concern about undue influence, duress or pressure applied to the will maker, circumstances suggesting forgery or a party feels that the will maker has not made proper provision to a 'relevant person'. A party can apply for an order for the provision to be made to them from the estate.

White Barnes has acted in numerous family provisions matters both on behalf of the executor and on behalf of individuals who wish to challenge a will. We are well-versed in litigation in this respect and we have the resources and skills to provide a high level of professionalism and legal advice in this area.

Estate Planning

Without a will your assets may not pass as you wish. If a person dies without a will legislation will decide how that persons assets are distributed taking into account their family situations. Some examples are:

If you die survived by a spouse including a defacto spouse and children your estate is divided in set shares between that spouse and your children.

If you die and you are not survived by a spouse, children or parents, but you are survived by brothers or sisters, then your estate will be divided amongst the brothers and sisters who have survived you.

Not everyone wishes to distribute their assets in accordance with the rules of legislation. The making of a will ensures that your assets are passed to the people that you choose.

At White Barnes we can assist you in considering who you wish to leave your assets to and planning to ensure that your wishes are carried out following your death.

Probate

It is often the case that a family member who has no legal experience or understanding of the provisions r egulating wills is nominated as an executor and finds themselves responsible for carrying out the will makers wishes.

At White Barnes we can assist you as an executor to ensure that your obligations are carried out in accordance with your intentions. This includes the drafting of trust documents, sale of property, the Application for probate and any other matter that may arise in relation to the execution of a will.

Our extensive commercial and property experience combined with our experience in relation to wills and estate planning and probate means that we are able to deliver comprehensive legal advice and services to ensure the implementation of your testamentary intentions.

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