Protect Your Legacy
Expert Wills & Estates Legal Guidance for Peace of Mind.
Property and Probate Law in Sydney
Secure Your Legacy with Expert Legal Guidance
Thinking about the future can be overwhelming, but having a clear plan in place ensures your loved ones are protected and your wishes are carried out.
At Benchmark Lawyers, we offer comprehensive estate planning, will drafting, probate, and administration services across NSW. Whether you need to write a will, set up a trust, or manage an estate after a loved one’s passing, our experienced team is here to make the process smooth and legally sound.
Need help securing your estate? Talk to a Wills & Estates Lawyer
Our Wills & Estate Legal Services
Will Preparation & Estate Planning
Ensuring your assets are distributed according to your wishes is crucial. Our services include:
- Personalised Will Drafting: Tailored to your unique circumstances.
- Estate Planning: Strategies to minimise taxes and maximise asset protection.
- Enduring Powers of Attorney: Appointing trusted individuals to manage your affairs if you’re unable.
- Advance Care Directives: Documenting your healthcare preferences.
Learn more about wills: NSW Government – Wills Guide
Ready to plan your estate? Schedule a Consultation
Probate & Estate Administration
Managing a loved one’s estate can be complex. We assist with:
- Applying for Probate: Validating the will and authorising executors.
- Letters of Administration: For estates without a valid will.
- Estate Distribution: Ensuring assets are allocated per the will or intestacy laws.
Understand probate processes: Legal Aid NSW – Probate & Administration
Need assistance with estate administration? Contact Us
Contesting Wills & Estate Disputes
If you believe you’ve been unfairly provided for, or there’s a dispute, we can help:
- Family Provision Claims: Seeking adequate provision from an estate.
- Will Validity Challenges: Addressing concerns about a will’s legitimacy.
- Mediation Services: Resolving disputes amicably.
Learn about contesting wills: The Law Society of NSW – Challenging a Will
Facing an estate dispute? Get Legal Support
Trusts & Asset Protection
Protecting your assets for future generations is vital. Our services include:
- Establishing Trusts: Including testamentary and family trusts.
- Asset Protection Strategies: Safeguarding assets from potential claims.
- Trust Administration: Ongoing management and compliance.
Learn about trusts in NSW: NSW Government – Trusts & Estate Planning
Interested in setting up a trust? Reach Out Today
Enduring Guardianship & Powers of Attorney
Planning for unforeseen circumstances ensures your wishes are respected. We assist with:
- Enduring Guardianship Appointments: Designating someone to make lifestyle and healthcare decisions on your behalf.
- Powers of Attorney: Authorising a trusted person to handle your financial matters.
Understand legal guardianship: NSW Trustee & Guardian – Powers of Attorney
Need guidance on guardianship? Consult with Us
Frequently Asked Questions
Why make a Will?
A valid Will establishes your testamentary wishes. It will simplify things for your family and loved ones.
Why consult a solicitor about my Will?
Your Will is an important legal document. There are rules about how Wills should be drafted and executed. If a Will is drafted or executed incorrectly, it could cause problems for your family and loved ones after you pass away.
Though some people think they are saving money by drafting their own Will or purchasing a post office Will kit, unclear or invalid Wills can become a source of litigation and expense for your estate.
It is a solicitor’s job to discuss your wishes with you and use their knowledge of the law to draft a Will that reflects those wishes. Your Will should be tailored to your circumstances. Issues such as inheritances for minor beneficiaries, testamentary trusts and rights to reside are best discussed with a solicitor.
We have an Estates team at Benchmark Lawyers who have experience with the Probate process. Our solicitors will use that experience to advise you on any potential claims against your estate.
What if I lose my Will?
The Court will want to see the original Will. If your Executors cannot find your original Will, they can make an application to the Court to approve a copy of the Will, but it is a more complicated process.
It is important to keep your original Will safe. Benchmark Lawyers offer secure storage of Wills and other important documents in safe custody at each of our offices.
If you cannot locate a previous Will, it is a good idea to create a new one. When you make a new Will, you revoke any previous Wills you may have made.
What if my wishes change?
It is a good idea to revise your Will as your circumstances change. Benchmark Lawyers offers Will review consultations, where we review your Will with you to make sure that it still reflects your wishes.
If your wishes or circumstances have changed, your Will should be updated accordingly. We can assist with this process.
What is a Power of Attorney?
A Power of Attorney document is used to nominate the person or people who you authorize to assist with your financial decision making, should you ever need assistance managing your affairs.
What is an Enduring Guardian?
An Enduring Guardian document nominates the person or people who you authorize to assist with health, medical and lifestyle decision making.
Both the Power of Attorney and Enduring Guardian are powerful, important legal documents. An estate solicitor can explain the impact of these documents to you and advise on specific powers and limitations that might be relevant to your circumstances.
What is Probate?
Probate is the process of applying to the Court to approve a Will after someone has passed away. A Grant of Probate is required in certain circumstances to finalize the assets of an estate.
Probate can be a complex, time-consuming process. We have a specialized team of Estate solicitors who can assist you with every step, from an initial consult to the final distribution.
What is Letters of Administration?
If the deceased did not have a Will (i.e. died intestate), an application for a Grant of Letters of Administration may need to be made. This application is usually made by the deceased’s next of kin and is the process in which the Court appoints an administrator or administrators to look after the estate.
An initial consult with one of our Estate solicitors is a good place to start, as we will be able to advise whether a Letters of Administration application is necessary.