We're wills and estates lawyers
Do you have questions about wills, estates, or family provisions claims in the will of a loved one? Newcastle’s Cardillo Gray Partners are the lawyers you should turn to.
The wills and estates team at Cardillo Gray Partners are recognised for their efficacy in handling probate and matters that arise under the Family Provisions Act NSW.
Probate is an order made by the Supreme Court of NSW confirming the will of the deceased person is valid, and the executor can distribute the estate as described in the document.
Depending on the nature of the assets of the deceased’s estate, it may not be necessary to obtain a grant of probate. Cardillo Gray Partners can advise you whether probate is necessary or relevant in your individual circumstances and act accordingly.
Areas we specialise in are:
Matters concerning wills and estates can be sensitive and emotions may be heightened during a difficult and stressful time for family members. At times, expectations about the instructions contained in a will are not realised.
The Succession Amendment (Family Provision) Act 2008 (also referred to as the Family Provisions Act NSW) provides the mechanism for people who believe they have been unfairly left out of a will or are entitled to a larger share of an estate. Cardillo Gray Partners have a long history of successfully securing fairer estate distribution for people deemed eligible.
Our team can assist you to complete or update your will, draft your power of attorney and enduring guardianship documents.
If you are an executor named in a will, you must apply for probate if there are assets in the estate that cannot be transferred without probate, such as real estate. You will need to apply for a grant of probate in the Supreme Court of NSW within six months of the death of the deceased.
Cardillo Gray Partners can assist you in preparing the necessary paperwork, firstly publishing a Probate Notice on the NSW Courts Online Registry. After waiting the required 14 days, a probate application can then be formally applied for.
The following documents are required:
If either of the following occurs, we strongly advise you to contact our office:
- the deceased died without leaving a will
- the deceased did have a will, but there is no executor named, or the executor is unable or unwilling to act.
In these circumstances, you will need to apply for Letters of Administration rather than probate.
If someone challenges the validity of the will, contact Cardillo Gray Partners in the first instance.
Family Provisions Act NSW
From 1 March 2009, the New South Wales Succession Amendment (Family Provision) Act 2008 commenced its operation.
The purpose of the Act is to ensure that adequate provision from the deceased person’s estate is provided to their family members and certain other persons.
A family provision claim can be made within 12 months of the date of death if you:
An ‘eligible person’ includes:
The wills and estates team at Cardillo Gray Partners can discuss your situation if you believe you have been unfairly left out of a will or unfairly treated in the allocation of the estate.