Wills and Estates

Wills

It is important to have a properly drafted Will to ensure that your assets (your “estate”) go to the people you want to benefit. Stafford Lawyers can assist with drafting wills from the most basic will to complex wills incorporating testamentary trusts and dealing with assets in Australia and overseas. Stafford Lawyers will discuss with you the appropriate way to structure your will after determining:

• what your assets are,
• where your assets are located, and
• who you wish to benefit on your death.

Your first conference with us to provide Will instructions will typically take an hour. 

An executor is the person (or persons) appointed by the will maker (also known as the testator or testatrix) to carry out the provisions of the will. The duties of the executor are to:

• arrange the funeral,
• “prove” the will, which is done by obtaining a Grant of Probate in the Supreme Court of NSW,
• collect in the assets of the estate,
• pay the debts of the estate, and
• distribute what is left to the persons who are entitled, that is, the beneficiaries.

Estates

Stafford Lawyers can assist with the application for a grant of probate and administration of the estate.

Where a person has died without a Will, Stafford Lawyers can advise on who may be appointed the administrator of the estate and assist with an application to the Supreme Court of NSW for letters of administration. The role of the administrator is similar to that of the executor except that, instead of distributing the estate to beneficiaries named in a will, the administrator distributes the estate in accordance with rules laid down in legislation.  Stafford Lawyers can advise on who is entitled to the estate where someone has died without a Will.  

Stafford Lawyers can assist with disputes arising from the death of a person including:

• advice on the meaning of a Will; and
• advice on your rights if you have been left out of a Will or if you believe you should have received a bigger gift under the Will.