Hannaway Lawyers Pty Ltd
Wills and Estate Law Services
Based in Port Macquarie
Wills, estates, and probate matters involve preparing legal documents, administering estates, and managing responsibilities for asset distribution and decision-making after death or incapacity.
Wills, Estates, & Probate
Local Assistance with Wills, Estates, and Probate
Offers one of the easiest and most cost-effective ways to obtain a will, power of attorney and enduring guardian in the Port Macquarie and Mid North Coast of New South Wales.
Our experienced solicitors can assist you with:
- Drafting & updating wills
- Drafting & revoking powers of attorney
- Drafting & revoking enduing guardian documents
- Applying for probate
- Challenging wills
- Deceased estate claims/defending deceased estate claims
- Estate planning administration
- Letters of administration (if a will is deemed invalid or there isn't a will)
We always recommend keeping your will up to date as it makes distributing your estate far easier on your beneficiaries in what is already a hard enough time as it is.
Whether you are in the latter stages of setting up your will or estate, or you want to talk through the early stages of the process with a solicitor, we can help.
Book an initial consultation with Hannaway Lawyers Pty Ltd and we can go over your case. One of our solicitors will read through the relevant documents, understanding the properties and financial accounts you hold. They can discuss your will and estate options, allowing you to make an informed decision about the matter.
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Frequently Asked Questions
What is the purpose of a will in Australia?
A will is a legal document that outlines how a person’s assets are to be distributed after death. It can appoint an executor, name beneficiaries, and make arrangements for dependants or specific gifts. Without a valid will, an estate is distributed under intestacy laws, which set out a strict order of relatives who can inherit. A will may also include instructions for funeral arrangements, management of debts, or charitable donations. To be valid, a will must meet legal requirements, including being in writing, signed, and witnessed by at least two independent adults.
What does probate mean in New South Wales?
Probate is a court order granted by the Supreme Court of New South Wales confirming that a will is valid and that the executor has authority to administer the estate. This process gives the executor legal authority to collect assets, pay debts, and distribute property according to the will. Not all estates require probate — it depends on the nature of the assets. Banks, share registries, and government bodies may require probate before releasing funds. The process generally involves filing the original will, death certificate, and other supporting documents with the court.
What happens if someone dies without a will?
If a person dies without leaving a valid will, they are considered to have died intestate. In this case, the estate is distributed according to intestacy laws. These laws set out a hierarchy of relatives entitled to inherit, starting with a spouse and children, followed by parents, siblings, and more distant relatives. If no eligible relatives can be located, the estate may pass to the state. Dying without a will can complicate matters, as it provides no guidance on the deceased’s wishes and can result in delays in distributing assets.
Wills & Planning
The Family Provision Act 1982
If you expected to be a beneficiary of a will but have been left out, or you received less than your fair share, you can make a claim against the distribution of an estate under the Family Provision Act 1982 (NSW). To file a successful claim, you must set out reasons as to why you should be considered a beneficiary of the deceased.
The Family Provision Act specifies who might be “eligible” to bring a claim of this type, including a wife or former wife, husband or de-facto partner, a child or other person who was wholly or partly dependent upon the deceased person.
Probate Applications
Probate
When a loved one passes, many people are left wondering what to do now. If you can’t find their will, we can assist you to try to find it with other law firms, banks, law society, probate trustee, etc.
If you do find their will, we can help you apply to the Supreme Court of NSW for probate when you have been nominated as executor of that will. When probate is granted, you will be authorised to distribute the deceased estate by the provisions of the will.
Receive top-notch legal services related to property law from Hannaway Lawyers Pty Ltd. Book an appointment today!
Wills & Planning
Letters of Administration
If your loved one has passed, and they did not make a will or if it has been lost, we can assist you with applying for letters of administration to the Supreme Court of NSW. In these circumstances, there is legislation that details how an estate may be distributed and by whom.
The Supreme Court can appoint an administrator to distribute the estate under the Succession Act. We understand the delicate and sensitive nature of distributing assets after a loved one passes away. Our solicitors are not only proficient in the letter of the law, but they strive to be personable and considerate while discussing these matters with you.
