Succession Law
Wills, estates, and family provision claims. Protecting your legacy and your family's entitlements under the Succession Act 2006 (NSW).
Succession law governs how a person's assets are distributed after their death. A well-drafted Will is the cornerstone of any estate plan, but even with a valid Will, disputes can arise, particularly where family members believe they have not been adequately provided for.
Dilan Lawyers advises clients on all aspects of succession law, from drafting Wills and enduring powers of attorney to contesting estates and bringing family provision claims. We approach succession matters with sensitivity to the personal and family dynamics involved, while providing clear, practical legal advice.
NSW succession law is governed primarily by the Succession Act 2006 and the Probate and Administration Act 1898. The rules are complex, and the consequences of getting them wrong can be significant, both for the estate and for family relationships.
Our Services
Will Drafting
Drafting clear, legally valid Wills that reflect your wishes and minimise the risk of disputes.
Enduring Powers of Attorney
Drafting enduring powers of attorney to ensure your affairs can be managed if you lose capacity.
Probate Applications
Applying for probate or letters of administration to enable the estate to be administered.
Estate Administration
Advising executors and administrators on their duties and the proper administration of estates.
Family Provision Claims
Bringing or defending family provision claims under the Succession Act 2006 on behalf of eligible persons.
Will Disputes
Challenging the validity of a Will on grounds of lack of testamentary capacity, undue influence, or fraud.
Contested Estates
Resolving disputes between beneficiaries, executors, and other parties with an interest in an estate.
Intestacy Advice
Advising on the distribution of estates where a person has died without a valid Will.
Frequently Asked Questions
What is a family provision claim?
A family provision claim (also called a Part 3.2 claim) is a claim by an eligible person who believes they have not been adequately provided for in a Will or on intestacy. Eligible persons include spouses, de facto partners, children, and in some cases grandchildren and other dependants.
How long do I have to bring a family provision claim?
Family provision claims must generally be filed in the Supreme Court of NSW within 12 months of the date of death. The Court has a discretion to extend this time limit, but extensions are not always granted. It is important to seek legal advice as soon as possible.
Can I challenge a Will if I think it is not valid?
Yes. A Will can be challenged on grounds including: lack of testamentary capacity (the deceased did not have the mental capacity to make a Will), undue influence (the deceased was pressured into making the Will), fraud, or failure to comply with formal requirements.
What happens if someone dies without a Will?
If a person dies without a valid Will (intestate), their estate is distributed according to the rules of intestacy set out in the Succession Act 2006. The rules give priority to spouses and children, then to other relatives. If there are no relatives, the estate passes to the NSW Government.
What is probate?
Probate is a court order that confirms the validity of a Will and authorises the executor to administer the estate. Most financial institutions and government agencies require probate before they will release assets to an executor. We can assist executors with the probate application process.
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