Wills & Estate Lawyers Penrith
Do I Need a Wills and Estates Lawyer, or Will a Will Kit Do?
Do I Need a Wills and Estates Lawyer, or Will a Will Kit Do?
If you are writing a will in Penrith, a supermarket will kit will technically produce a valid document. The problem is what happens afterwards. Most estate disputes we see did not start with a missing will, they started with a will that was signed incorrectly, drafted ambiguously, or written before a divorce, remarriage or property purchase that quietly changed everything.
Under the Succession Act 2006 (NSW), a will must be in writing, signed by you, and witnessed by two people who are not beneficiaries. Get the witnessing wrong and your executor may need to apply to the Supreme Court to have the document admitted anyway, at your estate’s expense. Marriage revokes a will unless it was made in contemplation of that marriage, and divorce revokes gifts to a former spouse. Neither of those is obvious from a will kit.
If you die without a valid will, you die intestate and NSW law decides who inherits, in a fixed order that takes no account of blended families, estranged children or long-term partners who were never married.
At Soden Legal we handle the whole lifecycle: drafting the will and the powers that sit alongside it, applying for probate when the time comes, and acting for executors and family members when an estate is contested. Because we also practise family law and conveyancing, we can see the parts of your estate that most will-drafting services never ask about, such as a property settlement that was never formalised or a title still held as joint tenants.
What Estate Services Can I Get in Penrith?
Wills and Estate Planning
We draft simple and complex wills, including wills involving blended families, business interests, self-managed super funds and testamentary trusts. Every will is prepared after a full assets and liabilities review, so superannuation, life insurance and jointly held property are dealt with correctly rather than assumed to fall into the estate. We also review existing wills after a separation, remarriage, property purchase or the death of a named executor, which are the four events that most often make an old will dangerous. Appointments are available at our Penrith office at Level 1/95b Station St by arrangement.
Powers of Attorney and Enduring Guardianship
A will only operates after death. An Enduring Power of Attorney lets someone manage your financial and legal affairs if you lose capacity, and an Appointment of Enduring Guardian lets someone make health and lifestyle decisions on your behalf. Without them, your family may need to apply to the NSW Civil and Administrative Tribunal to be appointed, which takes time and money at the worst possible moment. We prepare both alongside your will, and as a public notary practice we can also handle documents that need to be recognised overseas.
Probate and Estate Administration
Probate is the Supreme Court’s confirmation that a will is valid and that the executor may deal with the estate. We prepare and lodge the application, publish the required online notice, deal with banks, superannuation trustees and Revenue NSW, and guide executors through calling in assets, paying debts and distributing to beneficiaries. Where the estate includes real property in Penrith or the Nepean, we handle the transmission application and any subsequent sale or transfer in house. If there is no will, we apply for Letters of Administration instead.
Contesting a Will and Family Provision Claims
If you have been left out of a will, or left with less than you need, you may be able to bring a family provision claim under Chapter 3 of the Succession Act 2006 (NSW). Eligible people include spouses, de facto partners, children, former spouses and, in some circumstances, grandchildren and members of the household. Claims must generally be filed within twelve months of the date of death, so early advice matters. We act for claimants and for executors defending an estate, and we will tell you plainly at the first meeting whether a claim is worth running.
What People Ask Before Hiring an Estate Lawyer in Penrith
How long does probate take in NSW?
A straightforward application is usually granted within four to eight weeks of lodgement, provided the paperwork is complete. Before lodging you must publish a notice of intended application and wait fourteen days. Administering the estate afterwards typically takes six to twelve months, because executors are generally advised not to distribute within six months of death while family provision claim periods are still open.
How much does probate cost in NSW?
There are two costs: the Supreme Court filing fee, which is set on a sliding scale according to the gross value of the estate, and the legal fees for preparing the application. Solicitor fees for an uncontested grant are regulated in NSW and are also calculated on estate value, which makes them predictable. We will give you both figures in writing before any work starts.
Who can contest a will in NSW?
Eligible persons under the Succession Act include a spouse or de facto partner at the time of death, a child of the deceased, a former spouse, a grandchild or household member who was wholly or partly dependent, and a person living in a close personal relationship with the deceased. Being eligible is only the first step. The Court then asks whether adequate provision was made for your proper maintenance, education and advancement in life.
How long do I have to contest a will?
In NSW a family provision claim must generally be filed within twelve months of the date of death. The Court can extend that period if there is sufficient cause, but extensions are not granted as a matter of course and become harder once an estate has been distributed. If you are considering a claim, get advice well before the twelve months is up.
Can the executor of a will also be a beneficiary?
Yes. It is very common for a spouse or adult child to be both executor and beneficiary, and NSW law does not prohibit it. What the executor cannot do is prefer their own interests over the other beneficiaries. An executor who does so can be held personally liable, which is why executors in that position often ask us to handle the administration independently.
Why Penrith Families Choose Soden Legal for Wills and Estates
Soden Legal has acted for families across Western Sydney and the Nepean for more than twenty years, from our Penrith office at Level 1/95b Station St and our main office at Gregory Hills. Because the same firm handles family law, conveyancing and estates, we see the connections that catch people out, such as a former partner still named on a title or a separation that was never formalised. You will deal with a solicitor rather than a call centre, and you will get the cost in writing before we start.