Wills & Estates

Expert Wills and Estates Services in Sydney

RJI Legal provides expert advice and support in wills and estates matters, including will preparation, estate planning, probate, and the administration of deceased estates.

Many people have a list of things they know they need to do but never seem to get around to preparing a will, making a power of attorney, and getting their affairs in order often fall into this category. Fortunately, with the right guidance and advice, these tasks can be handled quickly and efficiently. Our experienced lawyers can guide you through the estate planning process, ensuring you have clear, comprehensive plans for your retirement and beyond.

Why Use Our Sydney Estate Lawyers

Our experienced estate lawyers in Sydney provide clear, practical, and personalised advice for all aspects of wills and estates. Whether you are preparing a will, managing probate, or navigating a contested estate, we guide you through the process with confidence and care.

We understand that each client’s situation is unique, which is why we take the time to:

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Protect your assets and your family’s future through comprehensive estate planning.

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Ensure legal compliance with all wills, trusts, and probate matters.

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Resolve disputes efficiently if disagreements arise over an estate or will.

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Provide clear guidance and support at every step, making complex legal processes easier to understand.

With RJI Legal, you benefit from a team committed to professionalism, attention to detail, and achieving the best possible outcome for your estate matters.

Do I Need a Will?

In most cases, the answer is a resounding ‘yes.’ Anyone wishing to direct how their property should be distributed after their death should have a valid will in place. A will ensures that your assets are dealt with according to your wishes, avoiding statutory formulas set out by legislation or the potential for costly court proceedings.

A valid will provides clarity for your family, helps to minimise disputes, and can even structure your affairs in a way that maximises tax benefits for your beneficiaries.

Your will should appoint one or more executors responsible for administering your estate. It can also include your funeral preferences and establish trusts for children or vulnerable beneficiaries, as well as nominate guardians for minor children.

Can I Prepare My Own Will?

While it is possible to prepare your own will or buy a DIY will kit, there are pitfalls that you face if the will is not properly signed and witnessed, and getting just a few words wrong can have major repercussions. If not properly signed or drafted, your will can be deemed invalid by a court or have unintended consequences, which unfortunately will not be evident until after you are gone. If your will contains any ambiguities it will have to be interpreted by a court, which will create a delay in having your assets distributed.

We can ensure that your will is prepared according to the law to give effect to your wishes and to maximise the value of the gifts you wish to make.

Powers of Attorney

While it’s possible to prepare your own will or purchase a DIY kit, there are significant risks involved. A will must be properly signed and witnessed, and even small errors can have major legal repercussions. An improperly drafted will can be declared invalid by a court or create confusion and unintended consequences—issues that may not come to light until after you’re gone.

We ensure that your will is prepared correctly, complies with legal requirements, and clearly reflects your wishes, maximising the value of the assets you intend to pass on to your beneficiaries.

Estate Administration

After someone passes away, their estate must be administered, which involves managing their property and finalising their financial and legal affairs. This is typically done by the executor named in the will or by an administrator appointed by the court if no will exists.

If you’ve been appointed as an executor, or if a loved one has passed away without a will, our legal team can guide you through the process.

Before administering an estate, you may need a grant of probate from the Supreme Court. This confirms the validity of the will and authorises the executor to manage the estate according to its terms. In some cases, probate may not be necessary, and we can help you determine whether it’s required and prepare the necessary documents.

If no will exists, a family member will need to apply to the Supreme Court for letters of administration to distribute the estate.

Executors and administrators are responsible for several tasks, including:

Arranging the funeral
Identifying and securing assets
Contacting banks, service providers, and government authorities
Claiming funds from superannuation and life insurance policies
Distributing assets and transferring property to beneficiaries

Administering an estate often involves dealing with third parties and resolving disputes that can be outside the expertise of the executor or administrator. We can provide advice and support to ensure the estate is administered smoothly and efficiently.

Challenging or Contesting a Will

A will may be contested if there are concerns regarding its validity. This can arise if the person who made the will lacked testamentary capacity, was under undue influence, or if the will was forged.

If you believe you should have received a distribution from an estate but were left out, you may be eligible to apply for a family provision order. This allows certain individuals to receive a portion of the estate, even if they were not provided for in the will. The court will consider your relationship with the deceased and whether the deceased had a responsibility to support you in terms of maintenance, education, or life advancement.

Family provision claims are often resolved through negotiation without the need for court proceedings. Whether you’re looking to make or defend a claim, we are here to assist.