Even simple wills can trigger serious disputes and complications. Having a wills and estates lawyer guide you in the process can save headaches down the line.
Wills in NSW Are Governed by the Succession Act
In NSW, the Succession Act 2006 (NSW) governs wills and estates, detailing how wills must be written and witnessed, and how estates are managed after death.
- The Act sets out requirements for making and witnessing wills.
- It also specifies who may contest a will.
- The Act also describes how estates are distributed if there is no will.
- It addresses family provision claims, where individuals may seek a greater share of an estate.
Succession Act 2006 (NSW) – NSW Legislation
Common Problems with DIY Wills
DIY and online wills often fail due to improper execution, meaning they are not signed and witnessed in accordance with legal requirements.
- If a witness is also a beneficiary, their gift may be invalidated.
- They often do not account for blended families.
- DIY wills may overlook superannuation, which is retirement savings funds, or trusts, which are legal arrangements that manage assets on behalf of others.
- Eligible family members may be unintentionally excluded.
Such issues may prompt family provision claims, leading the court to alter estate distribution.
Law Society of NSW – Wills & Estates FAQs
When Can a Will Be Challenged in NSW?
In NSW, spouses, children, and dependants may challenge a will if they believe adequate provision was not made for them. This action is called a family provision claim and may result in the court granting a larger share of the estate.
Strict time limits apply, typically within 12 months of death.
Why Local Legal Advice Matters
NSW succession law is complex and fact-specific. Seeking legal advice with a wills and estates lawyer ensures your wishes are legally enforceable.
- It can help your family avoid unnecessary disputes.
- Your estate will also be protected under NSW law.
Addressing these matters in advance reduces the risk of future conflict.
Don’t leave your family’s future to chance. Contact Bell Lawyers in Penrith now for expert guidance on wills and estates under NSW law. Let our experienced team help you secure your wishes, avoid costly disputes, and achieve peace of mind. Act today to protect your legacy and your loved ones’ well-being.
