Wills and Estate

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legal letter with pen and gavel

Wills & Estate Lawyers Sydney

Planning ahead or dealing with the estate of someone who has passed away can involve important legal, financial and family considerations.

Golottas Solicitors assists clients across Sydney and NSW with preparing and updating Wills, probate, Letters of Administration, deceased estate administration, Family Provision claims and estate disputes.

Based in Wetherill Park, our solicitors provide clear, practical advice to help you understand the legal steps involved and what needs to happen next.

Discuss Your Wills or Estate Matter
WILLS, ESTATES & PROBATE

How Can We Help?

Wills and estate matters can involve very different legal steps depending on whether you are planning ahead, administering an estate or dealing with a dispute. Golottas Solicitors can assist at each stage.

Plan Your Estate

Prepare or update your Will and make sure your wishes are clearly documented.

  • Preparing new Wills
  • Updating existing Wills
  • Reviewing estate planning arrangements
  • Appointing executors
  • Documenting beneficiaries and wishes

Administer an Estate

If you are an executor, administrator or family member dealing with a deceased estate, we can guide you through the legal process.

  • Applications for probate
  • Letters of Administration
  • Deceased estate administration
  • Executor and administrator responsibilities
  • Distribution of estate assets

Contest or Defend an Estate

Estate disputes can arise where someone believes they haven't been adequately provided for or where issues arise concerning the administration of an estate.

  • Family Provision claims
  • Responding to Family Provision claims
  • Estate disputes
  • Disputes involving executors or beneficiaries
  • Negotiation and estate litigation where required
WILLS & ESTATE PLANNING

Making or Updating Your Will

A Will sets out how you want your estate dealt with after your death and allows you to appoint the person or people responsible for carrying out those wishes.

Golottas Solicitors can assist with preparing a new Will or reviewing an existing Will to make sure it still reflects your current circumstances.

Matters Your Will May Cover

  • Who will receive your assets
  • Who you appoint as your executor
  • Gifts to particular beneficiaries
  • Guardianship wishes for children
  • Trust arrangements for younger beneficiaries
  • Other instructions relating to your estate

When Should You Review Your Will?

It may be worth reviewing your Will after a significant change in circumstances, such as:

  • Marriage or separation
  • The birth of a child or grandchild
  • Buying or selling major assets
  • A significant change in your financial position
  • The death or changed circumstances of an executor or beneficiary
  • Changes to your family or estate-planning wishes
Prepare or Review Your Will
DECEASED ESTATES

Probate & Letters of Administration

When someone passes away, the legal authority needed to deal with their estate depends on whether there is a valid Will and whether an executor is available to act.

Probate

Probate is a grant made by the Supreme Court of NSW confirming the validity of a Will and the executor’s authority to administer the estate.

  • Preparing and lodging probate applications
  • Identifying estate assets and liabilities
  • Understanding executor responsibilities
  • Dealing with estate administration requirements
  • Distributing the estate in accordance with the Will

Letters of Administration

Letters of Administration may be required where there is no valid Will, no executor has been appointed, or the executor is unable or unwilling to act. The Court appoints an administrator with authority to manage and distribute the estate.

  • Applications for Letters of Administration
  • Intestate estates
  • Letters of Administration with the Will annexed
  • Identifying beneficiaries and estate assets
  • Administration and distribution of the estate

Executor or Administrator?

An executor is usually named in a valid Will, while an administrator is appointed by the Court where the circumstances require it. Both roles can involve significant legal and practical responsibilities when administering a deceased estate.

Get Help With a Deceased Estate
ESTATE DISPUTES

Family Provision Claims & Estate Disputes

Disputes can arise where someone believes they have not been adequately provided for from a deceased estate, or where questions arise about the validity or administration of a Will.

Golottas Solicitors can assist both people considering a claim and executors or beneficiaries responding to one.

Family Provision Claims

A Family Provision claim is an application to the Supreme Court of NSW seeking provision, or further provision, from a deceased person’s estate.

Only an eligible person can make this type of claim. Depending on the circumstances, this may include a spouse or de facto partner, child, former spouse or certain dependants or people with a qualifying relationship to the deceased.

  • Assessing eligibility to make a claim
  • Reviewing the Will and estate circumstances
  • Negotiating with executors and beneficiaries
  • Responding to Family Provision claims
  • Settlement discussions and mediation
  • Court proceedings where required

Other Estate Disputes

Golottas Solicitors can also assist where disputes arise involving the administration of an estate, executors or beneficiaries, including where the validity of a Will is questioned.

  • Disputes involving executors
  • Beneficiary disputes
  • Questions about the validity of a Will
  • Estate administration disputes
  • Negotiation and litigation where required
IMPORTANT TIME LIMIT

Family Provision Claims Are Time Sensitive

A Family Provision application in NSW must generally be filed within 12 months from the date of death, unless the Court allows an application to be made out of time.

Discuss an Estate Dispute
EXPERIENCE THAT MATTERS

More Than 45 Years of Legal Experience

Wills and estate matters often involve important family, financial and legal decisions, particularly where an estate is complex or a dispute arises.

SOLICITOR DIRECTOR

Ross Golotta

Ross Golotta has more than 45 years of experience as a Solicitor, Barrister and Conveyancer and is one of the longest-serving members of the legal profession within the Fairfield City Council area.

That broad legal experience supports clients dealing with Wills, deceased estates and estate disputes where careful legal advice and a clear understanding of the wider circumstances are important.

Learn More About Ross Golotta

Find out more about Ross, his legal background and the experience he brings to Golottas Solicitors.

Meet Ross Golotta
HELPFUL RESOURCES

Helpful Wills & Estate Guides

Wills and deceased estates can raise different legal questions depending on whether you are planning ahead, applying to administer an estate or dealing with an inheritance dispute. Explore our guides for more detailed information about common Wills and estate matters in NSW.

WILLS & PROBATE

Wills & Probate in NSW

A practical overview of preparing a Will, the probate process and how an estate may be administered after someone passes away.

Read the Guide
ESTATE ADMINISTRATION

Letters of Administration

Learn when Letters of Administration may be required, who may apply and what is involved when administering an estate without an available executor.

Read the Guide
ESTATE DISPUTES

Left Out of a Will in NSW?

Understand the legal options that may be available where someone believes they have been excluded from a Will or inadequately provided for from an estate.

Read the Guide

FAQs

What makes a Will valid in NSW?

A Will generally needs to be in writing, signed by the Will-maker and witnessed by two adults. It should also clearly identify the executor and how the estate is to be distributed. Professional legal advice can help reduce the risk of drafting or execution problems.

When should I update my Will?

It is worth reviewing your Will when your personal, family or financial circumstances change. This can include marriage, separation, the birth of children or grandchildren, significant changes to your assets, or changes involving an executor or beneficiary.

What is probate in NSW?

Probate is a grant issued by the Supreme Court of NSW confirming the validity of a Will and giving the executor legal authority to administer the estate where a grant is required.

What happens if someone dies without a Will?

A person who dies without a valid Will is said to have died intestate. In these circumstances, an application may need to be made to the Supreme Court of NSW for Letters of Administration, and the estate is distributed according to the intestacy rules under NSW succession law.

What is the difference between probate and Letters of Administration?

Probate generally applies where there is a valid Will and an executor is available to act. Letters of Administration may be required where there is no valid Will or where no executor is available. In both cases, the grant gives legal authority to administer the deceased estate.

How long do I have to make a Family Provision claim in NSW?

A Family Provision application must generally be filed within 12 months from the date of death. The Court can allow an application outside that period in limited circumstances, so legal advice should be obtained promptly if a claim is being considered.

Get In Touch With Us To Further Discuss Your Situation

Arrange a consultation with an experienced lawyer.

Call Us: (02) 9729 3286