Wills, Probate, Estate Planning & Family Provisions Act

Adam Stack & Co can assist you in:

  • Drafting & updating wills
  • Applying for Probate
  • Assistance with claims against wills & estates
  • Deceased estate claims / defending deceased estates
  • Estate planning and administration
  • Advice on intestate estates
  • Letters of Administration (in the event that a will is deemed invalid)
  • Supreme Court estate litigation; and
  • Assistance with claims under the Family Provision Act 1982
  • Preparing Powers of Attorney and Enduring Guardianships
  • Liaising with the Office of Protective Commissioner in relation to protected estates

We always recommend keeping your will up to date as it makes distributing your estate far easier on your beneficiaries in what is already a hard enough time as it is.

Letters of Administration
Where there is found to not be a valid will or no will exists, Adam Stack & Co can assist you with applying for Letters of Administration to the Supreme Court of New South Wales. In these circumstances, there is legislation that details how an estate may be distributed and by whom. The Supreme Court can appoint an Administrator to distribute the estate under the Wills, Probate and Administration Act 1898.

The Family Provision Act 1982
If you expected to be a beneficiary of a will but have not been provided for, you may be entitled to make a claim against the distribution of that estate under the Family Provision Act 1982, provided you can clearly set out reasons as to why you should be considered a beneficiary of the deceased estate.

Adam Stack & Co can help you apply to the Supreme Court of New South Wales for Probate in instances where there is a valid will and you have been nominated as Executor of that will. The Supreme Court can then grant probate which authorises you to distribute the deceased estate in accordance with the provisions of the will.

Arrange a consultation

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Adam Stack & Co
Suite7, Level 4
35 Spring Street
Phone: 02 9389 1109
Fax: 02 9389 8806
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