Wills or Estates

Need help with making a Will, Estate Planning or Will Dispute

Brydens Lawyers are the experts in making, updating, or challenging a Will in NSW and the ACT. With over 50 years of experience and a specialised Wills and Estates Division, our legal services are highly adept at providing personalised, comprehensive legal advice and representation to achieve a fair outcome. Circumstances in life can change at any moment, and the assurance a dedicated wills and estates lawyer provides can be invaluable in ensuring your best interests are prioritised. Brydens Lawyers can assist you at a reasonable cost, providing legal advice and support and helping keep your future secure. If you are ready to draft a new Will, manage an application for probate or need the services of a Wills dispute lawyer, contact Brydens Lawyers online or call 1800 848 848. Ensure your assets are protected — schedule a free* initial consultation virtually or in person at anyone of our offices throughout Sydney, regional NSW and Canberra. (*Conditions apply).

How can Brydens Lawyers assist with Wills & Estates?

As a full-service legal firm, you can rely upon the specialised team of Wills and Estate lawyers at Brydens Lawyers to provide comprehensive solutions to navigate simple and complex inheritance matters, formally record your end-of-life planning and provide legal advice for contesting a Will. Our dedicated team at Brydens Lawyers will work diligently to ensure your last testament reflects your wishes in a legally sound manner, ensuring that your Will is a valid and legally binding document. Brydens Lawyers Wills and Estate Lawyers can help you with a range of services, including:

• Drafting and providing legal advice for making a new Will

• Updating or replacing an existing will

• Arranging Power of Attorney and Enduring Guardianship

• Advise on the various options to achieve your testamentary objectives

• Advise on how to wholly or partially disinherit beneficiaries

• Advise on creating optimised structures to distribute assets

• Advise on family provision claims

• Probate and Estate administration

• Discuss how to contest a will in Australia

• Estate dispute resolution

• Advise on defending a Will from disputes

• Instruct the management on end-of-life matters

What does Estate planning involve?

Estate planning is more than just making a Will. Brydens Lawyers Wills and Estate Lawyers prepare documents including Power of Attorney and Enduring Guardianship, as well as regularly reviewing and updating these instruments to reflect changes in your circumstances or wishes. Each legal document is vital to ensuring your financial affairs, property owned, and personal care are managed with clarity and legal certainty, especially if you have lost the capacity to make your own decisions.

Why is having a valid Will important?

A valid Will is essential to ensure that a person’s estate is distributed according to their specific wishes after their passing. It should detail specific gifts to family members and friends, funeral arrangements, and any other legally binding instructions. 

Navigating the loss of a loved one can be incredibly overwhelming. Without preparing for probate and Estate administration in advance, it can add unnecessary stress during an already difficult time. This is where our experienced Wills and Estate planning lawyers can provide guidance, support and peace of mind when you need it the most.  

Our lawyers will offer reliable legal advice for making a Will and assist with estate dispute resolution to help expedite the process, allowing you to focus on what matters most. The expert legal advice provided by Brydens Lawyers can also be critically important should you wish to exclude someone from your Will.

What is the role of Power of Attorney in Estate planning?

A Power of Attorney grants someone you trust the authority to manage your financial affairs if you are unable to do so. It becomes a powerful tool in managing your estate, especially in cases where you might lose capacity due to health reasons. Brydens Lawyers can help you understand the different types of powers of attorney and assist in drafting a document that safeguards your financial interests.

Why is Enduring Guardianship important?

Enduring Guardianship is a provision for personal and healthcare decisions when you are no longer able to make them. This legal arrangement allows you to appoint someone to act on your behalf, such as a close friend or family member, to make personal decisions on matters such as healthcare and funeral arrangements. It complements your will and power of attorney, forming a comprehensive estate plan.

How to contest a Will in Australia?

Beneficiaries may have fair and just cause to challenge a Will and ensure that their best interests and relationship with the deceased are protected. If you believe that you were wrongly excluded from a Will or received a disproportionate share of the Estate, Brydens Lawyers Will disputes team can advise you on the best course of action and submit your claim.

Our Estate litigation lawyers can help you with legal help with any Will dispute and ensure that testaments are accurate, valid and reflect the deceased’s wishes. Contesting a Will can provide extra clarity when:

• There is doubt that the testator drafted, updated or replaced their Will

• Two separate Wills have been drafted in short succession

• There is a degree of doubt whether the testator was in good health, of sound mind and had the capacity to draft, update or replace their Will.

Time limits apply to how long you have to dispute a Will, making it important to seek the services of Brydens Lawyers Will Dispute experts right away.

How can Brydens Lawyers help you navigate Wills & Estates?

At Brydens Lawyers, we understand the importance of clear, comprehensive Estate Planning, Wills and related documents. Our team of experienced lawyers is dedicated to ensuring your wishes are respected and your estate is managed as you intended. Whether it is drafting new estate plans, updating existing ones, or providing guidance on Enduring Power of Attorney and Enduring Guardianship, we are here to provide you with the professional and compassionate service you need.

For expert assistance in wills and estates, including funeral instructions, financial affairs, and ensuring the well-being of your loved ones, reach out to Brydens Lawyers online or call today at 1800 848 848. Our commitment is to your peace of mind and the secure future of your family and friends.

FAQs

What happens if I die without a Will?

If you die away without a valid Will, you will be regarded as having died “intestate”.   The court will then have the power to decide on the distribution of your assets according to intestacy rules, which might not align with your best interests or those of your loved ones.  To the best outcome for your family, it is essential that you speak to one of our Wills and Estates lawyers. Their expertise and care can provide the reassurance you and your family need.

When should I consider making a Will?

Many clients benefit from our legal advice on making a Will when they reflect on a life well-lived, and for planning for the distant future. It may even be a discussion to have with a loved one who is unwell. We understand it can be an uncomfortable topic; however, by doing so, it removes a potential source of stress when the time does come.

Do I need a Will and Estate lawyer, or can I make my will myself?

While you do not need to be a lawyer to make and execute a Will, it can be inadvisable to self-manage it. Post-mail Wills and do-it-yourself (DIY) Will kits can make recording and distributing your assets according to your intentions difficult and even inaccurate. It is common to forget to include certain assets, and there are complications where an individual is a party to a controlled entity, such as a company, self-managed superfund or a trust to which they are a beneficiary, not an owner. More importantly, it is easier to contest a Will that has not been properly drafted which is more likely to be the case if you draft your own Will.

When coping with the loss of a loved one becomes overwhelming, our Wills and Estate Planning Lawyers are here to provide compassionate guidance and expert legal support. Our specialised team assists executors in navigating their responsibilities, helping reduce the risk of personal liability arising from disputes, administrative errors, or claims of mismanagement.