If you die without a valid Will in NSW, the Succession Act 2006 decides who receives what. The Supreme Court of NSW appoints an administrator. A statutory formula then divides your assets, and that formula won’t recognise a blended family, an estranged child, or a de facto partner you’ve been with for twenty years
.A properly drafted Will controls more than who inherits. It deals with superannuation that sits outside your estate. It protects vulnerable beneficiaries through a testamentary trust, rather than handing them a lump sum they may not be ready to manage.
Accredited by the Law Society of NSW. We advise on complex estates where there's a testamentary trust involved, a business in the structure, or assets held across more than one entity.
A family trust changes how a Will needs to be drafted. So does an SMSF. So does a company you control. We draft to your structure, not a template.
You receive a written scope and quote before any work starts. No hourly creep, no surprise invoices.
The person making the Will needs to understand what they own and what the document actually does. They also need to recognise who might reasonably expect provision from their estate. Without capacity, the Will can be challenged in the Supreme Court of NSW.
Your executor administers your estate after death. That includes applying for a grant of probate, dealing with assets, and paying out beneficiaries, but the job often runs longer than people expect, especially where there's a business or property involved.
Without a valid Will, the Succession Act 2006 (NSW) decides who receives what. The statutory formula treats every estate the same way. It won't recognise a blended family. It won't recognise a de facto partner you never registered. And it doesn't reach assets held outside the estate at all.
Contact Hillcrest Family Lawyers for expert guidance and compassionate support. Let’s discuss how we can help you navigate your family law matters.
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A Family Provision Claim is what happens when someone challenges a Will on the basis they should have received more. The application goes to the Supreme Court of NSW under the Succession Act 2006 (NSW). A current spouse or de facto partner can bring one. So can the deceased’s children, whether biological or adopted. A former spouse may have standing if maintenance was still being paid. A grandchild or other dependent may qualify if they were financially supported by the deceased.
The Court doesn’t apply a checklist. It weighs the claimant’s financial position against the size of the estate, looks at the relationship between the claimant and the deceased, and considers what provision was already made in the Will. A carefully drafted Will reduces the risk of a successful claim. It doesn’t remove it.
