Wills and Estates Lawyers - Will Dispute Lawyers in Sydney - Cruz Lawyers
Expert Wills and Estates Law & Contested Estates in NSW
Navigating the complexities of wills and estates law in New South Wales requires a deep understanding of the Succession Act 2006 (NSW). Whether you are looking to protect your legacy through a comprehensive estate plan or find yourself facing an estate dispute, our experienced Sydney estate lawyers are here to provide clear, strategic guidance.
Comprehensive Estate Planning: Protecting Your Assets
A valid Last Will and Testament is the cornerstone of any sound financial strategy. Without one, you risk dying intestate, meaning the laws of intestacy will determine how your assets are distributed, often leading to outcomes you did not intend.
Our estate planning services go beyond simple Will drafting. We assist with:
- Testamentary Trusts: Providing asset protection and tax efficiencies for your beneficiaries.
- Power of Attorney: Appointing a trusted person to manage your financial affairs if you lose capacity.
- Enduring Guardianship: Ensuring your health and lifestyle decisions are in safe hands.
- Probate and Estate Administration: Assisting executors with grant of probate applications and the distribution of assets.
Contested Estates and Will Disputes in NSW
Estate litigation is a sensitive area of law. In NSW, contesting a will typically occurs through a Family Provision Claim. Under the Succession Act, an eligible person—such as a spouse, de facto partner, or child—can apply to the Supreme Court of NSW if they believe they have been left without adequate provision for their proper maintenance, education, or advancement in life.
Common grounds for disputing a will include:
- Lack of Testamentary Capacity: Proving the deceased did not understand the nature of the Will due to conditions like dementia.
- Undue Influence: Demonstrating that the Will-maker was coerced or pressured into changing their Will.
- Family Provision Claims: Seeking a larger share of the deceased estate based on financial need or a close relationship.
- Informal Wills: Validating documents that were intended to be a Will but were not properly executed.
Critical Time Limits
In NSW, you generally have only 12 months from the date of death to file a Family Provision Claim. Missing this deadline can result in losing your right to seek a fair share of the inheritance. Our will dispute lawyers can help you file a caveat to prevent the distribution of assets while a claim is being assessed.
Why Choose Our NSW Estate Litigation Team?
Whether you are an executor defending a Will or a beneficiary who has been unfairly excluded, we prioritize mediation and alternative dispute resolution to save you time and legal costs. We understand the emotional toll of family provision disputes and work tirelessly to achieve a just result for our clients.
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