Joseph J Simon
UnclaimedPadstow · NSW · 2211
General practice — confirm they handle this matter
Unclaimed listing · 25% complete
Is this your firm? Claim it →Wills & Estates Lawyers · Padstow, NSW
Wills & Estates Lawyers in Padstow
No firm in Padstow, NSW has yet listed wills & estates lawyers as a specialty. The general practices below are local and many handle this kind of matter — call and ask.
Also in Padstow
General practices in the area. They haven't nominated wills & estates lawyers as a specialty, so check before you engage them.
Mullick & Associates
UnclaimedPadstow · NSW · 2211
General practice — confirm they handle this matter
Unclaimed listing · 25% complete
Is this your firm? Claim it →Overview
What wills & estates lawyers actually do
Wills and estates covers two distinct situations: planning what happens to your assets, and dealing with someone else's estate after they die. The same firms usually do both.
The planning half is cheap and quick. The administration half is neither, and how much of it you face is largely determined by how well the planning was done.
The work they handle
- Drafting wills, including for blended families and business owners
- Enduring powers of attorney and guardianship appointments
- Applying for probate or letters of administration
- Administering an estate and distributing it to beneficiaries
- Contesting a will, or defending an estate against a claim
- Testamentary trusts and estate planning where tax or asset protection matters
New South Wales
Where a matter like this is heard
Local Court of NSW
Handles most criminal and traffic matters, and smaller civil claims.
District Court of NSW
Handles serious criminal trials, appeals and larger civil claims.
Supreme Court of NSW
Handles the most serious criminal matters, large commercial disputes and probate.
NSW Civil and Administrative Tribunal (NCAT)
Handles tenancy, consumer, guardianship and administrative review matters.
- NSW is the largest legal market in the country, so specialisation runs deep — in Sydney you can usually find a firm that does nothing but your kind of matter.
- Contracts for the sale of residential land in NSW carry a statutory cooling-off period, which is one reason conveyancing is engaged early rather than at settlement.
When to call a wills & estates lawyer
- You have children, property or a business and no valid will
- Your circumstances have changed — married, separated, a death in the family
- Someone has died and you are named as executor
- You have been left out of a will, or left less than you expected
- A family member is losing capacity and nothing is in place
What it costs
A straightforward will is usually a modest fixed fee, and powers of attorney are often bundled with it. Estate administration is different — commonly charged hourly or as a percentage of the estate, and paid from the estate rather than by you personally. Contested estates are litigation and priced accordingly.
How to choose
Cheap wills get expensive later
Most contested estates trace back to a will that was unclear, out of date, or made without advice. The saving at the front end is small relative to what a dispute costs.
Ask about your specific complication
Blended family, a self-managed super fund, a farm, a business, someone with a disability — each changes the drafting. Say so on the first call.
Executors can get help
If you have been named executor and it feels overwhelming, a firm can do as much or as little of the administration as you want.
Before you engage anyone
Check the practitioner holds a current practising certificate. In New South Wales that is The Law Society of New South Wales, and the register is public.
Check the NSW register ↗Common questions
Is a DIY will kit valid?
It can be, if executed correctly. The common failures are witnessing errors and unclear wording, and both surface only after death when they cannot be fixed. For anything beyond the very simplest estate, the risk is poorly balanced against the saving.
What is probate?
A court order confirming a will is valid and that the executor can deal with the estate. Whether it is required depends on what the estate holds — banks and land titles offices set their own thresholds.
Who can contest a will?
Broadly, people the deceased had a responsibility to provide for — spouses, children and sometimes others who were dependent. The categories and time limits are set by state law and the deadlines are short.
Does my will cover my superannuation?
Often not automatically. Superannuation is usually dealt with by a binding death benefit nomination made with your fund, separately from your will. It is one of the most common gaps in an otherwise sound plan.
This page is general information, not legal advice. Laws differ between states and every situation turns on its own facts — speak to a qualified Australian lawyer before acting. If you cannot afford one, Legal Aid operates in every state and territory.
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