NSW Probate

Probate Law in NSW – When You Need Legal Help

Managing an estate can be complex. Learn how probate law works in New South Wales, when probate or letters of administration apply, and why experienced probate lawyers can guide you through every step with confidence.

📖 Read our latest blog to understand when legal help is essential. Learn more here: https://nswprobate.com.au/probate-law-in-nsw-when-you-need-legal-help/

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Many wills include specific gifts of personal items such as jewellery, artwork, or furniture. Executors must ensure these items are kept safe and delivered to the correct beneficiaries.

Items not specifically gifted usually form part of the “residue” of the estate. Before selling, donating, or disposing of these belongings, executors should consult the residual beneficiaries.

Executors are allowed to discard genuinely valueless or unusable items. However, if an executor mistakenly disposes of property that later proves to have value, they may be held personally liable for mismanaging the estate.

Executors should also be cautious when interpreting the will. If the wording is unclear, especially in informal or self-drafted wills, legal advice or court guidance may be necessary to avoid costly mistakes.

Contact us today:
Phone: 02 9167 2770
Email: [email protected]
Website: www.nswprobate.com.au

Can A Testator Forestall A Challenge?
For many people making a will—especially those who are elderly or living with cognitive or psychological conditions—concerns often arise about whether their will might later be contested. Fortunately, there are proactive steps a testator can take to reduce the risk of a challenge based on testamentary capacity.

Use a Solicitor
One of the most effective safeguards is to have the will drafted by a solicitor rather than relying on a DIY will kit or informal document. Solicitors are professionally bound to assess capacity and will not accept instructions if they have doubts about a client’s ability to make rational decisions about their estate. Because of this, courts generally regard a solicitor-prepared will as strong evidence that the will-maker had capacity.

Obtain Medical Evidence
If there is any likelihood of dispute due to age, illness, or disability, the testator can also arrange a medical assessment at the time of signing the will. A doctor’s written report confirming capacity can later serve as persuasive evidence if the will is challenged.
Together, professional legal drafting and contemporaneous medical evidence provide powerful protection against claims of incapacity, giving the will-maker greater confidence that their final wishes will be upheld.

Contact us today:
Phone: 02 9167 2770
Email: [email protected]
Website: www.nswprobate.com.au