Wills & Estates

Legal Services for Estates & Wills in Wagga Wagga

Do You Have a Valid Will?

Death is an unavoidable part of life, but it is possible to prepare your affairs to avoid an unnecessarily costly and distressing situation for your loved ones. Making sure you have a binding, valid will that represents your testamentary wishes is vital. It is common to delay preparing a will, but it is important that you do not leave it until it is too late. At Farrell Lusher Solicitors in Wagga Wagga, we work to ensure the process of preparing your will is inexpensive, clear, and efficient.

We have a highly experienced team with more than 50 years’ combined experience assisting clients with wills and other estate matters, including acting for executors, beneficiaries, and claimants.

To arrange an appointment, call today. We also provide a range of family law services.

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Advice & Representation

At Farrell Lusher Solicitors, we advise and represent clients in:

Wills: A will is a document outlining how one wishes for their valued assets and personal belongings be distributed on their death. Let us help you get your finances and assets in order so that when you pass, your estate is distributed exactly how you wish.

Powers of Attorney: A power of attorney is an appointment of an individual or trustee organisation to represent, act or manage on another's behalf in private affairs, business or other legal matters.

Enduring Guardians/Guardianship Matters: Enduring guardianship is a legal document that allows you to appoint an enduring guardian(s) to make health and lifestyle decisions on your behalf if you become unable to, due to injury, illness or disability. An enduring guardian has a crucial role, potentially making decisions in regard to the living circumstances, services performed, treatments endured, application for extra decision-making authority, end-of-life decision making and advanced care plans for the dependant person. It is vital you make the decision to appoint a guardian of choice whilst you have capacity to do so, as delay in the process may mean it is too late.

Probate Applications: A probate application is a process made in the Supreme Court of NSW confirming the will of the deceased is valid and giving authority to the executor to distribute the estate as described in the deceased person's will. In many cases, the deceased's property cannot be distributed until you apply for and are granted probate by the Supreme Court of NSW.

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Administration of Estates/Intestacy Matters: Administration of estates is the process of administering an estate when the deceased dies without a will (intestacy), did not name an executor in a valid will, or the executor is unwilling or unable to act. A Letter of Administration application will need to be lodged to appoint an Administrator to manage, realise and distribute the assets of the deceased.

Family Provision Order Claims: A family provision claim is an application to the Supreme Court for a portion or a larger portion from the estate of a deceased person. You can apply for this application if you are an 'eligible person', and have been left out of a will, or did not receive provision of what you believe you were entitled to receive or is adequate. If you believe you have been left out of a will or unfairly dealt with, or have need and received adequate provision, contact us to discuss your potential rights.

Will Disputes: You may be entitled to dispute a will. There are four common grounds for contesting a will’s validity:

The will wasn't signed with the proper legal formalities;
The deceased lacked the mental capacity to make a will;
The deceased was unduly influenced into making a will,
The will was procured by fraud.

For a consultation with Grant or Hayley to prepare your will, assist in administering a will or discuss your legal rights in relation to any estate matter, please telephone (02) 6921 2008.

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FAQs

Why is having a will important?

Having a will is crucial to ensure that your assets are distributed according to your wishes after your passing. It allows you to specify beneficiaries, designate guardians for minor children and make other important decisions.
Can a will be contested?

Yes, a will can be contested, but the grounds for contesting a will vary. Common reasons include lack of testamentary capacity, undue influence, fraud or a failure to meet legal formalities. Seeking legal advice is essential in such cases.
What is probate, and when is it required?

Probate is the legal process of validating a will and distributing the deceased person's assets. It is typically required when the deceased owned real estate or had significant assets solely in their name. However, not all estates go through probate, and the process may vary by jurisdiction.