Estates & Wills 1 - Goldman Law

Successful Estate Planning

Challenge Unfair Wills & Inheritances

Congratulations on reaching this page to help avoid on-line mistakes and pitfalls in selecting leading lawyers for your family law and divorce issues.

FINDING REAL STRESS FREE DETAILS & SOLUTIONS

Go Directly to our Specialist Family Law Information Pages Below

Read More
How to smoothly navigate divorce and separation issues and make sure you are not out of time.

How to maximise our commercial and tax
knowledge for the best
financial settlements.

How to have the best and compassionate legal support for complex children’s issues including international recovery.
How to avoid court and future financial issues and pitfalls when living together. Plan and protect assets.

Estate and Will  Planning

To be Effective, why Retaining a Holistic Law Firm is Critical!

We put a lot of effort into accomplishing this, understanding every aspect of your situation while considering the broadest possibilities for estate planning. Then, in order to carry out your intentions, we make use of our in-depth understanding of complex structures like trusts, business, family law, tax and other specialties.

The head of our practice area, Jaswinder( Jas) Sekhon, has been a full STEP member for 12 years and deals with estates, trusts, tax, asset protection and succession planning; more than 30 years in the industry; admitted as a practising lawyer in four countries. 

HOW GOLDMAN LAW REMAINS UNIQUE?

Our Past Success Only Drives our Future Innovation

Specialised knowledge in one topic is ineffective to provide holistic advice. Our litigation, commercial and cross border expertise uniquely enhances our family law approach.
We love representing all clients but there is a limit to how many clients we can properly serve. This approach protects our reputation and allows laser focus on your needs.
Since 2015, we have offered, clear upfront pricing and realistic estimates. Even if our clients sometimes get into financial hurdles, we offer flexible arrangements when possible.
After hours meetings, video calls and portal communication. Most lawyers keep you in the dark only to protect themselves. Our motto is to keep you informed and in the loop at all times.

OUR PAST AWARDS CANNOT GUARANTEE FUTURE SUCCESS

Compassion & Individual Lawyer's Commitments Must Remain Present

familylawfirm-goldman-winnder
bestfamilylawfirm-goldman
Intl-AdvisoryExpert-award

OUR THANKS TO OUR PAST CLIENTS

Read More About Their Experiences

Chel Chappy

I highly recommend Goldman Law. 
Every contact I had with the firm was friendly, professional and understanding.
Jennifer is an outstanding lawyer. I had had a difficult ongoing children’s matter...

Quentin Carmont

A family law matter is never pretty emotions are running hot, everyone thinks they’re right when in reality no one is.
Goldman made the process very easy for me to choose them.
Initial contact with Kim and then a small consultation with Jass there senior lawyer...

Paul Northrop

I have used G&C on numerous occasions for business matters. I have always found them to be incredibly responsive with sound advice. I know that with the G&C team working on my legal matters, it takes the pressure off me and allows me to concentrate on running my business!

Pauline Von Czapiewski

Wonderful team of professionals to deal with from office support to solicitors. Always has a quick response time, and good advice. Incredibly impressed and will be sure to use again in the future...

 

Jane Mac

I have found Goldman’s to be a highly skilled and caring group of lawyers who have guided me many times during periods of uncertainty and stress. I couldn’t do without their considered and professional advice for our businesses.

 

Talia Falo

Goldman & Co handled my case extremely well, gave fantastic advice and overall eased up the tension of the entire situation immensely. I felt they genuinely cared for my well-being and what I am going through so great thanks to them. Would highly recommend...
 

Contact Our Senior People

RISK FREE NO OBLIGATION STRATEGY DISCUSSION

downarrow-new-tri
zeinab-02

Zeinab Elzein

A senior family lawyer and General Counsel

10 years +++

Zee is meticulously dedicated, with deep experience and compassion for all her clients In all Australian and some complex international aspects of family law involving children & finances.
Mat-pic

Mathew Nott

A senior lawyer also specialising
in domestic violence.

Matt is outstanding on his feet in court and somehow maintains a 99% success rate. Matt has a laser focus on clients issues with life experience and unique unmatched skills
Kerry-profile

Kerry Turner

Clients and
workflows

15 years +++

Your first contact point for everything about us and our lawyers . Kerry is unmatched in her gentle handling and real life knowledge. She controls our lawyers. Compassion, integrity with practical reality.

Wills and Inheritances Expertise

Challenge Unfair Wills & Inheritances

Our Expertise in Wills and Estates includes not only planning but challenging in Court unfair wills and inheritances.

  • Challenging Wills & Inheritances
  • Enduring Power of Attorney
  • Enduring Guardianship
  • Discretionary Testamentary Trusts
  • Disability Trusts & Elder Law
  • Probate and Estate Administration
  • Guardianship Board Applications
  • Cross border Estates and Assets

READ OUR Criminal Law NEWS & OUR ARTICLES

Some Extracts From Our Media and Community Pages

Elimination of cosmetic surgery medical services for Australian's unju

Australian Medical Board new guidelines are sending Australians overseas for affordable cosmetic surgery procedures. Out of touch of touch with public demand. Sekhon said the guidelines would significantly impact health pract

Read time : 2 minutes, 40 seconds

Goldman Law Expands Presence & Private Client Services across Australi

In addition to the expansion in Perth Australia, Goldman Law is to consolidate its new offices with expanded operations in Auckland and London this year. What distinguishes Goldman Law is our leading expertise in Family law, trusts, estates and wills, complex

Read time : 2 minutes, 17 seconds

DIY Divorce & Separation

Guided Self Help Six Easy Steps To DIY Divorce Keywords: Family Law, Divorce, Divorce in Australia, Divorce Australia DYI | Divorce Separation | Divorce Separation Agreement | Self-Help | legal costs | Lawyers | Family Law | Family Court | Guided Self-Help

Read time : 9 minutes, 22 seconds

Innovative & Simple estate plan solutions

Start with a Will and Testamentary Trust

Protect Your Family's Inheritance From Disgruntled Family Members

  • Help your blended family provide benefits to both sides of the family
  • Prepare Wills and estate plans that help you deal with any assets you hold outside of Australia.
  • Advise on using trusts, companies and other structures so that your estate isn’t subject to unnecessary taxes.
  • Powers of attorney, enduring guardian appointments, advanced healthcare directives and other devices .
  • Superannuation and plan for making sure your super goes where you intend.

Experience & Trust

With deep local and international expertise for over 30 years.

Growing and protecting successful individuals, family offices and business.

Experience & trust built through sheer hard work

WHEN YOU NEED MORE DETAILS

From Real Family Law FFAQ's (Further Frequently Asked Questions)

Who has the ability to create a will?

Anyone over the age of 18 who is married or considering getting married and has testamentary capacity may make a will. With the court’s approval, unmarried people under the age of 18 may draft a will. This is especially advised for young people who earn a lot of money through modelling, show business, sports, or endorsements for businesses. 

The Court may also grant a will to someone who lacks testamentary capacity in accordance with Part 2.2 of the Succession Act.

Can I make a will if I have my affairs handled by a POA?

Should I contact the attorney to inquire about the suitability of the intended testator?

Many people with testamentary capacity have granted an enduring power of attorney, so this fact alone shouldn’t be used to cast doubt on the intended testator’s ability to make a testament. Depending on the circumstances of the intended patient, such as whether they are in a nursing home, hospital, etc., it would be wise to first speak with the testator’s treating physician or hospital superintendent to determine whether the client has any type of dementia or has different lucidity periods.

Can wills be registered?

There isn’t a public will registry in NSW, but several private businesses provide will registration services, such as Goldman Lawyers.

How can I determine my mental or testamentary capacity when things are urgent for a will?
  • Wills made when the client is seriously ill are especially vulnerable to challenge due to a lack of testamentary capacity. There are some actions you can take to give your will the best chance of overcoming such a challenge:
  • Ask the testator directly for the will instructions; if necessary, he or she should be accompanied by a qualified non-family member interpreter.
  • To test the client’s testamentary capacity, ask open-ended questions. A good place to start is with the sample questions provided by Kunc J in Ryan v. Dalton in 2017 [ NSWSC 1007 at] 107:
  • Who are the members of your family?
  • What do you have to offer?
  • Whom would you like to leave your assets to?
  • Why did you decide to proceed in that manner?
  • Make a file note of the inquiries and responses.
  • Determine whether any diagnosis, medication, or behaviour may suggest there is cause to be concerned about capacity, if at all possible. Take file notes once more.
  • If you can, ask the client’s doctor for advice on testamentary capacity; however, if the situation is critical, make the will right away.
Is it preferable to create a codicil, change an existing will, or make one from scratch?

Creating a new will

  • If the client does not already have a will or if you do not have copies of their current will, you will need to draft rewriting it. A new will might be the best choice even if you already have a copy of the current one and there are significant changes that need to be made.

Modifying a current will

  • Making changes to the existing will is an option if we already have the client’s current will and the changes you need to make are minor. The alterations must be signed by the testator and attested by two witnesses in accordance with section 6 of the Succession Act 2006 (NSW) (“Succession Act”) for formal validity. In anticipation of an application under section 8 of the Succession Act, have the alteration signed by the testator and one witness if a second witness is not available. The date on which the changes are made should be noted.

Codicil

  • Making a codicil is another choice if we have the client’s current will. Make sure that any codicil is written clearly, especially in relation to the portions of the will that are revoked and confirmed, so that when the two are read together, they make sense. A codicil should be executed similarly to a will, but if only one witness is present, an application may be made using the dispensing authority set forth in section 8 of the Succession Act.
What occurs if an Executor is not named in the will or is a minor?
  • With the Will Annexed, one of the beneficiaries—typically a major beneficiary—can apply for Letters of Administration. When that application is approved, the applicant assumes the role of Estate Administrator, with all the responsibilities, rights, and powers of an executor to carry out the deceased’s wishes as specified in his or her will.

What if the will’s designated executor is a minor?

  • His or her guardian may receive a limited grant of administration, which will expire when the executor turns 18 years old. The executor can then obtain a grant to finish managing the estate.
  • What happens if there are two executors who refuse to cooperate in order to obtain a grant of probate?
  • If the executors choose to accept their appointment, their responsibility is to obtain a probate and carry out their duty of care for the beneficiaries. If a disagreement between executors is delaying the application for probate, one of them should inform the other that they intend to do so and invite the opposing administrator to join the process, preferably with the counsel of sane counsel. If the other executor doesn’t respond within the allotted time, the first executor may proceed to file a petition for probate on their own, with permission reserved for the second executor to appear and establish the will.
Letters of Administration and Probate

Before the deceased’s assets can be dealt with does a will need to be granted Probate or Letters of Administration?

  • Depending on the type of assets, yes. If the estate is small and the assets include, say, a small bank, credit union, or building society account, these can typically be handled by producing the will to the bank or financial institution, along with the necessary documents for the executor’s identity, the completion of the withdrawal form, and an indemnity in the format required by the institution. In this situation, the executor is personally liable to the beneficiaries for the payment of their entitlements as well as the deceased person’s funeral costs and debts up to and including the value of the estate.
  • Payment may be made to the next of kin in cases where there is no will, subject to production of the death certificate, the completed withdrawal form and indemnity as described above, as well as proof of their identity, and they will then be responsible for paying and distributing the money to those who are entitled.
  • The person dealing with assets is unable to obtain protection from liability for claims through the publication of statutory notices, which is one drawback of proceeding without a grant of probate or letters of administration. Referring a small estate to the New South Wales Trustee and Guardian, who has additional authority to handle such estates, includes submitting an election to administer the estate, which comes with all the protections of an administration or grant of probate.

When should a request for probation be made?

  • According to the Probate Rules, a request for probate must be submitted within six or six months of the testator’s passing. If the application is not submitted within that time frame, the justifications for the delay must be provided in the form of an affidavit, either in its entirety or as part of the executor’s application.

Are the costs associated with probate regulated?

  • Up until the grant is delivered by the court, the costs of the legal work involved in obtaining the Probate or Letters of Administration are set at the maximum amount that may be charged. Costs associated with estate administration are deregulated. Before beginning the retainer, practitioners must disclose to their clients their fees, including GST, for work in estates, regardless of whether costs are regulated or not. However, keep in mind that the disclosure requirements do not apply when the total legal costs, excluding disbursements, are not likely to exceed $750 or any other higher amount specified by the regulations.
  • One of the two executors I am representing wants to apply for a commission. Can this be accomplished through a court order or an agreement?
  • If all of the beneficiaries are sui juris (have legal capacity), they can agree on the amount of commission payment; otherwise, an application for a court order to pay commission must be made at the time the estate accounts are filed and approved.
  • According to a Supreme Court ruling in Buckley and Others v. Permanent Trustee Co Ltd (1990) 21 NSWLR 112, if the co-executor had taken part in carrying out the executorial duties, the trustee company may be liable to have its normal rate of commission reduced.

Attorney’s Power- In NSW, is a power of attorney subject to stamp duty?

  • No.

Does the Attorney need to register a Power of Attorney before he can sign the contract?

No . However, before dealings involving land, like a Transfer, are signed, it must be listed in the General Registry of Deeds.

Should I give my client’s lawyer a copy of his will?

  • A solicitor is not permitted to give the attorney a copy of the will without the client’s consent.
  • According to Section 22 of the Powers of Attorney Act, anyone named as the beneficiary of a particular item that is sold, mortgaged, charged, or disposed of by someone acting as an attorney has the same interest in any surplus funds or other estate property as if there had been no such transaction. Therefore, it is wise to inform the attorney if they plan to deal with the principal’s property as the beneficiary of a specific bequest.

Fast Track for Legal Questions?

"Fast Note"

Free to Ask

Goldman Law

CONFIDENTIAL NO OBLIGATION HELP

INQUIRY OR DISCUSSION
WITH A SENIOR LAWYER

BOOK A CALL BACK




Book your legal strategy information meeting now with a senior lawyer

Fill in the form below to book a 30-minute no-obligation consulting session. 

I will reply within 24 hours.