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.
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.
Licensed Conveyancer
Natalie Currall
Natalie is a licensed conveyancer and oversees all of the firms contracts for sale and family law settlements in conjunction with solicitor Kiran Grewal from our property team.
Natalie has over 25 years experience and is well connected in the local Hawkesbury area. Prior to working with Rafton Natalie was with a local firm in the area undertaking all conveyancing work. Natalie is based at our Richmond office but able to travel and see clients as required. When not undertaking property work, Natalie is an avid horse lover and travels with her family to show jumping events across Australia.
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.
Rafton Conveyancing - Your Experts in Property
Whether you are buying or selling your first home, an investment property or a block of land, having an experienced legal team on hand to guide you through the process and ensure your transaction runs smoothly is critical. That’s where Rafton Conveyancying can help.
Rafton Arbitration & Mediation Brochure
Ensure that your clients are given the best possible opportunity to exit the Court process with a professional and efficient resolution to their family law dispute.