CONTESTED ESTATES & PROBATE DISPUTES HANDLED WITH EXPERTISE
Longman Hill Solicitors assists individuals and families across Orange, NSW, and Cowra, NSW, with all aspects of wills, estate planning, probate administration and power of attorney appointments. Planning ahead for the future is one of the most important things you can do for yourself and the people you care about, and our experienced solicitors are here to make the process straightforward, thorough and tailored to your individual circumstances.
Whether you are drafting your first will, updating an existing one, administering a deceased estate, or appointing someone to manage your affairs in the event that you are unable to do so yourself, our team provides the expert legal guidance you need to ensure your wishes are properly recorded and legally enforceable.
WHY ESTATE PLANNING MATTERS
Many people put off estate planning because they believe it is something that can wait until later in life. In reality, having a valid will and appropriate legal arrangements in place is important at every stage of adulthood. Without a will, your estate will be distributed according to the rules of intestacy under the Succession Act 2006 (NSW), which may not reflect your wishes or provide for the people who matter most to you.
Estate planning is not just about distributing assets after death. It also involves making decisions about who will manage your affairs if you become incapacitated, who will look after your children if you are no longer able to and how your business interests will be handled in the event of your passing. A comprehensive estate plan addresses all of these issues and gives you and your loved ones peace of mind.
WILLS
A will is a legal document that sets out how you want your assets distributed after your death and who you appoint to carry out those wishes. In NSW, a valid will must be in writing, signed by the person making the will (the testator) in the presence of two witnesses, who must also sign the document.
Our solicitors will work with you to draft a will that accurately reflects your wishes, accounts for all of your assets and minimises the potential for disputes among your beneficiaries. We will also advise you on important considerations such as appointing a guardian for minor children, addressing superannuation entitlements, and including provisions for digital assets.
It is important to review your will regularly, particularly after major life events such as marriage, divorce, the birth of a child or the acquisition of significant assets. Our team can assist you in reviewing and updating your will at any point.
EXECUTOR RESPONSIBILITIES
An executor is the person you appoint in your will to administer your estate after your death. Their responsibilities include locating and valuing assets, paying any outstanding debts, applying for probate where required, and distributing the estate to beneficiaries in accordance with the will.
Being an executor can be a complex and time-consuming role, particularly where the estate involves real property, business interests or disputes among beneficiaries. Our solicitors regularly act on behalf of executors to manage the administration of estates from start to finish, providing guidance and practical support at every stage.
PROBATE & LETTERS OF ADMINISTRATION
Probate is the legal process by which a will is formally recognised by the court as valid, and the executor is authorised to administer the estate. In NSW, probate is generally required where the deceased owned real property or where financial institutions require it before releasing funds.
Where a person dies without a will (intestate), or where the appointed executor is unable or unwilling to act, an application for letters of administration may be required instead. Our solicitors can manage the entire probate or letters of administration process on behalf of executors and administrators, ensuring that the estate is administered correctly and in accordance with the law.
POWER OF ATTORNEY & ENDURING GUARDIANSHIP
A power of attorney is a legal document that authorises another person to manage your financial and legal affairs on your behalf. An enduring power of attorney remains in effect even if you lose mental capacity, making it an essential part of any estate plan. An enduring guardianship appointment authorises a person to make personal and lifestyle decisions on your behalf, such as decisions about your medical care or living arrangements, in the event that you are no longer able to make those decisions yourself.
Our solicitors can prepare both enduring power of attorney and enduring guardianship documents, explain the responsibilities and powers involved and ensure that the appointments are properly executed and legally valid.
Call 02 6362 1066 to speak with one of our estate planning solicitors today.