Wills & Estates Lawyers

Ensuring that you have an updated will and making estate plans are important considerations no matter what stage of life you are at. The team at Rafton Family Lawyers has been providing advice and assistance to couples and families in the local area for many years and have a team of experienced staff that are available to assist you. We also provide expert assistance and advice if you have been left out of a will or if you have been appointed the administrator of an estate.

Having an up to date Will is a really important way of making sure that your family and loved ones are taken care of – even after you die.

A legal Will is a document that names the people you want to receive the things that you own after you die. lf you don’t have a Will, all of your assets (including your property, car, jewellery, furniture and any money left in your bank accounts) will be distributed according to a rigid formula and not necessarily in the way that you would have wanted.

Rafton’s are your trusted wills and estate lawyers in Sydney and we work with you to make sure that your Will is kept up to date and valid, even after significant changes in your life (such as divorce, buying or selling a house or re-marrying). We can help you with making a will to protect your loved ones and provide legal advice on how to write a Will that will cater for even the most complex family situations including blended families, difficult relationships and family members with special care needs or disabilities.

Estate Administration

If you have been named as an Executor in a Will, you will be responsible for making sure that the estate of the deceased is distributed according to his/her wishes, or as set out in the Will. This is an important role that can also involve obtaining a Grant of Probate (authority to carry out the affairs of the deceased person) identifying the person’s assets, arranging for their collection, paying any outstanding expenses, finding the beneficiaries named in the Will, and making sure you comply with all of the legal and taxation requirements.

The statutory framework surrounding administration of an estate after someone is deceased is found in the Succession Act 2006. The application for persons ordinarily resident in NSW is made in the Supreme Court of NSW.

The experienced team at Rafton Family Lawyers in Sydney NSW, can provide help and guidance during the administration of the Estate, acting on behalf of the Executor to make sure that everything runs as smoothly as possible and complies with all requirements. We have multiple offices located in different parts of Sydney such as Parramatta, Penrith, Richmond, and St. Clair. We are a specialist in Wills and Estates law, family law, conveyancing and other areas of law.

We can also assist you with claiming death benefits on superannuation after a loved one passes away.

I’m the executor of an estate; what happens now?

Power of Attorney and Enduring Guardianship Appointments

If you have Power of Attorney and Enduring Guardianship Appointments

If you have been named as an Executor in a Will, you will be responsible for making sure that the estate of the deceased is distributed according to his/her wishes, or as set out in the Will. This is an important role that can also involve obtaining a Grant of Probate (authority to carry out the affairs of the deceased person) identifying the person’s assets, arranging for their collection, paying any outstanding expenses, finding the beneficiaries named in the Will, and making sure you comply with all of the legal and taxation requirements.

The statutory framework surrounding administration of an estate after someone is deceased is found in the Succession Act 2006. The application for persons ordinarily resident in NSW is made in the Supreme Court of NSW.

The experienced team at Rafton Family Lawyers can provide help and guidance during the administration of the Estate, acting on behalf of the Executor to make sure that everything runs as smoothly as possible and complies with all requirements. Be it any part of the family law, at Rafton’s we make sure an expert solicitor is working on your case and giving you the best service possible.

Drafting a Will

There are a number of matters that need to be considered when looking at drafting a will. The most common type of will is one in which the executor appointed is the spouse and the spouse receives all assets from the estate. However, we are increasingly seeing situations with “blended families” where a person has re-partnered or re-married and they would like to make provision for their older children from a prior relationship as part of their estate now.

Other important factors to consider in law are:

(a) Naming the executor and trustee of the estate that will assist to administer it after you have passed away.
(b) Looking at any specific gifts, requests or bequeathing of assets. This is particularly so where a person may wish to make a lump sum gift to an unrelated person or to a charitable society such as the RSPCA.
(c) Any other specific requests particularly in relation to disposal of your body and funeral arrangements.

If you would like to discuss in more detail arrangements for your will please call us on 13004FAMILY or contact one of our offices in Sydney.

Legal Aid Conference

The Legal Aid Commission provides funding for suitable applicants to participate in conferencing. This type of family dispute resolution is recommended by the Commission prior to any grants being awarded to proceed to Court.

The Commission funds the solicitor to attend with the client. In the past, our firm has found these conferences to be extremely beneficial for clients in reaching agreements and there is a very high success rate reported in reaching agreements. At the conclusion of a conference by Legal Aid a section 60I Certificate can be issued on request of either party.

If funding is provided for a conference then the Legal Aid Commission will invite the other party or parties to participate. There is no compulsion on anyone to attend a conference, although if a party is legally aided (or applies to be legally aided) then they will need to provide a compelling argument as to why they should not attend a conference if they wish to obtain any ongoing funding.

Conferences are generally not conducted when matters involve allegations of physical or emotional violence or abuse of children. However, conferences can still occur via telephone or shuttle conferences, meaning the parties do not conference in the same room.

Legal Aid Conferences have a chairperson who is the mediator for the conference. The chairperson/s does not tell you what to do or give you advice or even their opinion of what will happen if your matter went to Court. Their role is to control the mediation and ensure that all parties are safe and comfortable.

The Conference is confidential. Each person who participates in the conference signs and is bound by a Confidentiality Agreement which precludes evidence being given of anything said or done at a conference. The confidentiality of the process allows all parties to clearly consider their “best and worst” outcomes and to “reality test” those outcomes (i.e. to consider how realistic it may be that they will achieve what they want if they go to Court).

If agreement is reached then terms of Settlement will usually be prepared and signed by all parties at the conference. Legal Aid funding is then provided to enable Consent Orders to be obtained from the Court.

At the end of the Conference the Chairperson reports back to the Legal Aid Commission and recommends whether funding should continue. They also advise of any agreement that has been reached.

Contact Our Sydney Family Law Office If You Need Any Help with Family Mediation or Family Dispute Resolution Services. We focus on resolving situations that is in best interest of everyone involved especially children.

Read our plain English handbooks

These fact sheets are designed to provide an overview of the relevant issues and systems so that you have a better understanding of the process.

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Rafton Arbitration & Mediation Brochure

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