Wills and Estate Lawyers Sydney – Trusted Advice for Estate Planning, Probate & Contested Wills
Many Australians delay their estate planning until it’s too late — leaving loved ones without clear direction and opening the door to unnecessary legal and financial complications.
At Owen Hodge Lawyers, our experienced Wills and estate lawyers in Sydney can help you take control of your future and protect your family. Whether you need to draft a Will, apply for probate, appoint a Power of Attorney, or contest a Will, we provide clear, cost-effective legal advice to ensure your wishes are legally upheld.
Estate Planning
Estate planning is often left by people until it is too late. However, it is important for you, your estate and family members, and it provides certainty and saves expenses in the long term. A Wills and estate lawyer can ultimately provide you with certainty and peace of mind.
Last Will & Testament
Your will – known more simply as your legal Will – is a legal declaration by which a “testator” (will-maker) enforces their wishes to distribute their assets upon death.
Contesting A Will
The death of a family member or loved one can be an incredibly difficult and stressful time, especially if you believe that you have been inadequately provided for in a Will – or if you have been left out entirely.
Deceased Estate
In the event of the death of a person, their property including real estates and financials is distributed among the beneficiaries keeping in mind the testamentary intention of the deceased person.
Elder Law
In 2006, the amendment in the Family Law Act 1975 (the Act), gave importance to the relationship between grandparents and grandchildren. Apart from this, it also recognised various rights of grandchildren including their right to meet their grandparents.
Frequently asked questions
The cost of making a Will with a lawyer largely depends on your personal circumstances. While a DIY Will may seem cost-effective, engaging a lawyer helps ensure the document is legally valid and error-free.
Effective estate planning provides certainty and peace of mind, ensuring your family is protected after your death. Shockingly, over 40% of Australians die without a valid Will, and many others leave outdated or incomplete ones. Our estate planning lawyers can assist with:
- Drafting or updating your Will
- Appointing executors, trustees, or guardians
- Structuring testamentary trusts or life interests
- Planning asset distribution in line with your wishes
A Will is a legal document that sets out how your assets are to be distributed after death. Estate planning is broader, often involving multiple documents such as Wills, Powers of Attorney, and Advance Care Directives. It’s especially useful for those with businesses, blended families, or charitable intentions.
Estate administration refers to the legal process of managing and distributing a deceased person’s estate, whether they had a Will or not. It includes:
- Gathering assets
- Paying debts and taxes
- Distributing remaining assets to beneficiaries
Administration typically takes 6–12 months, though it can take longer depending on complexity, disputes, or delays in documentation.
rights of beneficiaries of a Will NSW.
Probate is the legal process of proving a Will is valid before the executor can manage and distribute the estate. If there’s no Will or the executor is unable to act, Letters of Administration may be required instead.
Whether you need a grant depends on the nature and value of the assets. It’s best to consult a probate lawyer to assess your situation.
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Executors and administrators are responsible for:
- Identifying and collecting estate assets
- Lodging final tax returns
- Paying debts and taxes
- Distributing the estate to beneficiaries
- Keeping thorough records
They can be held personally liable if they mismanage the estate, delay distribution, or fail to settle debts. Legal advice is strongly recommended.
If someone dies intestate, their estate is distributed under a formula in the Succession Act 2006 (NSW). A close relative usually applies for Letters of Administration to manage the estate. This process can be complex, so legal guidance is often necessary.
There is no inheritance tax in Australia. However, the estate may need to pay:
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- Final income tax (including a date of death return)
- Capital gains tax on sold assets
- Ongoing tax on estate income during administration
A beneficiary is someone named in a Will to receive part of the deceased estate. Beneficiaries have legal rights, especially in NSW.
Yes, eligible persons can contest a Will by lodging a family provision claim, usually within 12 months of the date of death, if they believe they were inadequately provided for.
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There’s no formal “reading of the Will” in Australia. The executor typically reads the Will and begins administering the estate soon after death — usually within 12 months.
Our Will and estate lawyers are also able to advise and assist you in the preparation of Wills and estate planning issues, such as Power of Attorneys and Guardianship appointments. We can also discuss Advance Care Directives with you if you want to leave directions to your guardian should you become incapable of making a health or welfare decision.
- Powers of Attorney (financial/legal decisions)
- Enduring Guardianships (health/lifestyle decisions)
- Advance Care Directives (instructions for future health care)
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You should bring:
– The original will (if available),
– Death certificate or funeral invoice,
– Asset and liability details (bank accounts, property, shares, superannuation),
– ID for the executor(s),
– Contact details for beneficiaries.