Wills & Estates Lawyers and Solicitors in Sydney

Wills and estates law covers planning what happens to a person's property after death and administering it when they die. In New South Wales it is governed mainly by the Succession Act 2006. Work includes preparing wills and testamentary trusts, applying for probate or letters of administration, acting as or advising an executor, dealing with intestacy when there is no valid will, and disputes over wills, including family provision claims by eligible people who say a will did not make adequate provision for them.

Making a valid will

A will must generally be in writing, signed by the will-maker and witnessed by two people present at the same time, who should not be beneficiaries. The will-maker must have testamentary capacity and must act freely. Courts can occasionally recognise an informal document under section 8 of the Succession Act, but this is uncertain and costly. Many people also review their will after major life events.

Where estates and disputes are decided

The Supreme Court of New South Wales, in its Equity Division, grants probate and letters of administration and decides disputes about the validity of wills, executors' conduct and family provision. Smaller estates are sometimes handled without a court grant, depending on what the banks or registries will accept. Guardianship and capacity questions before death go to NCAT. The NSW Trustee and Guardian can act as executor or administrator and holds wills in safe custody.

Time limits

A family provision application generally has to be made within 12 months of the date of death, though the court has a discretion to extend time in some cases.

Legal aid and free help

Legal Aid NSW does not usually fund will-making or estate disputes. Seniors Rights Service and some community legal centres provide free will clinics or advice to eligible people, and the NSW Trustee and Guardian offers will-making services for a fee.

What to bring to a first meeting

• A list of assets, debts, super and insurance policies
• Names and dates of birth of family members and beneficiaries
• Any existing will, and for an estate, the death certificate
• Details of trusts, companies and joint ownership

Checking credentials

Solicitors must hold a current practising certificate, on the Law Society of NSW register. Barristers are listed by the NSW Bar Association.

These practitioners help families in the Sydney CBD, Parramatta and Western Sydney, the North Shore, the Eastern Suburbs, the Inner West, the South West, Sutherland, the Hills District and the Northern Beaches.

The listings below are alphabetical and are not ranked.

Common questions

Does every estate need probate?

No. Probate is a Supreme Court grant confirming that a will is valid and the executor can administer the estate. Whether one is needed depends on the assets. Banks and land registries often require a grant for larger sums or for property, while smaller estates or assets held jointly may pass without one. Institutions set their own thresholds.

What happens if someone dies without a will in New South Wales?

The estate passes according to a statutory order in the Succession Act 2006. A spouse or de facto partner and children are generally the first to benefit, with the share depending on who survives. A person must apply to the Supreme Court for letters of administration so someone can lawfully deal with the estate.

Who can contest a will?

Under Chapter 3 of the Succession Act 2006, only certain eligible people can apply for a family provision order, including spouses, children, former spouses, dependants and some members of the household. The court decides whether adequate provision was made, taking into account the person's needs, the size of the estate and competing claims. Separate grounds exist to challenge validity.

Wills & Estates lawyers by suburb

Eastern Suburbs

Bellevue Hill, Ben Buckler, Bondi, Bondi Beach, Bondi Junction, Bondi Junction Plaza, Bronte, Centennial Park, Charing Cross, Chifley, Clovelly, Clovelly West, Coogee, Daceyville, Darling Point, Diamond Bay, Double Bay, Dover Heights, Eastgardens, Edgecliff, Hillsdale, Hmas Rushcutters, Hmas Watson, Kensington, Kingsford, La Perouse, Little Bay, Malabar, Maroubra, Maroubra South, Matraville, Moore Park, North Bondi, Paddington, Pagewood, Phillip Bay, Point Piper, Port Botany, Queens Park, Randwick, Rose Bay, Rose Bay North, South Coogee, St Pauls, Tamarama, Vaucluse, Watsons Bay, Waverley, Woollahra

Inner West

Abbotsford, Annandale, Ashbury, Ashfield, Balmain, Balmain East, Belfield, Birchgrove, Breakfast Point, Burwood, Burwood Heights, Burwood North, Cabarita, Campsie, Canada Bay, Canterbury, Chiswick, Clemton Park, Concord, Concord West, Croydon, Croydon Park, Drummoyne, Dulwich Hill, Earlwood, Enfield, Enfield South, Five Dock, Haberfield, Hurlstone Park, Leichhardt, Lewisham, Liberty Grove, Lilyfield, Marrickville, Marrickville Metro, Marrickville South, Mascot, Mortlake, North Strathfield, Petersham, Petersham North, Rhodes, Rodd Point, Rozelle, Russell Lea, Stanmore, Strathfield, Strathfield South, Summer Hill, Sydney Domestic Airport, Sydney International Airport, Undercliffe, Wareemba, Westgate

North Shore

Artarmon, Blenheim Road, Boronia Park, Cammeray, Castle Cove, Castlecrag, Chatswood, Chatswood West, Cremorne, Cremorne Junction, Cremorne Point, Crows Nest, Denistone East, East Killara, East Lindfield, East Ryde, Gladesville, Gordon, Gore Hill, Greenwich, Henley, Hmas Platypus, Hmas Waterhen, Hunters Hill, Hunters Hill West, Huntleys Cove, Huntleys Point, Killara, Kirribilli, Kurraba Point, Lane Cove, Lane Cove North, Lane Cove West, Lavender Bay, Lindfield, Lindfield West, Linley Point, Longueville, Macquarie Centre, Macquarie Park, McMahons Point, Middle Cove, Milsons Point, Monash Park, Mosman, Naremburn, Neutral Bay, Neutral Bay Junction, North Ryde, North St Ives, North Sydney, North Sydney Shoppingworld, North Willoughby, Northbridge, Northwood, Osborne Park, Putney, Pymble, Riverview, Roseville, Roseville Chase, Royal North Shore Hospital, Ryde, Spit Junction, St Ives, St Ives Chase, St Leonards, Tennyson Point, Waverton, West Pymble, Willoughby, Willoughby East, Willoughby North, Wollstonecraft, Woolwich

Northern Beaches

Allambie, Allambie Heights, Balgowlah, Balgowlah Heights, Beacon Hill, Belrose, Belrose West, Brookvale, Clontarf, Collaroy, Collaroy Beach, Collaroy Plateau, Collaroy Plateau West, Cromer, Cromer Heights, Curl Curl, Davidson, Dee Why, Dee Why Beach, Elanora Heights, Fairlight, Forestville, Frenchs Forest, Frenchs Forest East, Freshwater, Harbord, Ingleside, Killarney Heights, Long Reef, Manly, Manly East, Manly Vale, Narrabeen, Narrabeen Peninsula, Narraweena, North Balgowlah, North Curl Curl, North Manly, North Narrabeen, Oxford Falls, Queenscliff, Seaforth, Warriewood, Warriewood Shopping Square, Warringah Mall, Wheeler Heights, Wingala

South West Sydney

Arncliffe, Banksia, Bardwell Park, Bardwell Valley, Belmore, Beverly Hills, Bexley, Bexley North, Bexley South, Brighton-Le-Sands, Hurstville, Hurstville Grove, Kingsgrove, Kingsway West, Kyeemagh, Lakemba, Lugarno, Mortdale, Narwee, Oatley, Peakhurst, Peakhurst Heights, Penshurst, Punchbowl, Riverwood, Rockdale, Roselands, Turrella, Wiley Park, Wolli Creek

Sutherland Shire

Greenhills Beach, Kangaroo Point, Kurnell, Sylvania, Sylvania Southgate, Sylvania Waters

Sydney CBD and Inner South

Alexandria, Banksmeadow, Barangaroo, Beaconsfield, Botany, Broadway, Camperdown, Chippendale, Darling Harbour, Darling Island, Darlinghurst, Darlington, Dawes Point, Eastlakes, Elizabeth Bay, Enmore, Erskineville, Eveleigh, Forest Lodge, Glebe, Golden Grove, Haymarket, Hmas Kuttabul, Kings Cross, Millers Point, Missenden Road, Newtown, Parliament House, Potts Point, Pyrmont, Redfern, Rosebery, Rushcutters Bay, St Peters, Surry Hills, Sydenham, Sydney, Sydney South, Taylor Square, Tempe, The Rocks, The University Of Sydney, Ultimo, Waterloo, Woolloomooloo, Zetland

Western Sydney

Homebush Bay, Newington