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Dying Without a Will (or Without a Valid Will) in NSW: What Happens Next?

Dying Without a Will (or Without a Valid Will) in NSW: What Happens Next?

by Nikita Kidd | Aug 14, 2026 | Will, Estates & Probate

If you die without a will in New South Wales—or you leave a will that isn’t legally valid—your estate is dealt with under a set of default legal rules. These rules determine who is entitled to inherit, who is authorised to administer the estate, and how quickly assets...
The importance of having a Will (or a Will with a Testamentary Trust), a Power of Attorney, and an Enduring Guardian

The importance of having a Will (or a Will with a Testamentary Trust), a Power of Attorney, and an Enduring Guardian

by Nikita Kidd | Aug 14, 2026 | Will, Estates & Probate

Many people assume estate planning is something to think about later in life—after buying a home, getting married, having children, or building substantial wealth. But the truth is that having the right legal documents in place matters at every age, including when you...
Who Should Be Trustee of a Testamentary Trust?

Who Should Be Trustee of a Testamentary Trust?

by Kate Winninghoff | Aug 13, 2026 | Uncategorized

A Will creates a testamentary trust and begins after the person who made the Will dies. Some or all of an inheritance is held in trust, rather than going directly to a beneficiary. The trustee manages the assets as per the provisions of the Will. Selecting the right...
Writing a Will in NSW: Practical tips to reduce family disputes and family provision claims

Writing a Will in NSW: Practical tips to reduce family disputes and family provision claims

by Nikita Kidd | Jul 24, 2026 | Will, Estates & Probate

A Will is one of the most important documents you’ll ever sign, but it’s also one of the easiest to get wrong. In New South Wales, unclear drafting, outdated arrangements, and “surprise” exclusions can lead to significant conflict after death—sometimes ending in a...
What Happens to Property During Probate in NSW?

What Happens to Property During Probate in NSW?

by Kate Winninghoff | Jul 22, 2026 | Will, Estates & Probate

When someone dies, their property doesn’t automatically go to the people named in the will. Many NSW estate assets cannot be dealt with until the executor has legal authority to act. Probate is the Court order confirming the validity of the will and authorizing the...
You’ve Been Named an Executor — What Now? A Practical Guide to Your Duties (NSW)

You’ve Been Named an Executor — What Now? A Practical Guide to Your Duties (NSW)

by Nabeela Raihan | Jul 21, 2026 | Will, Estates & Probate

Finding out you’ve been named an executor can feel like an honour and a burden at the same time. You may be grieving, fielding family questions, and suddenly expected to “sort everything out”. This guide explains, in plain language, what an executor generally must do,...
Who Can Apply for Letters of Administration in NSW?

Who Can Apply for Letters of Administration in NSW?

by Kate Winninghoff | Jul 20, 2026 | Will, Estates & Probate

When a person dies without a valid will, there might not be an executor who has the authority to deal with the estate. This can leave family members unsure about who can access accounts and make decisions about estate assets. In NSW, an eligible person may need to...
Common Mistakes When Setting Up Testamentary Trusts in NSW

Common Mistakes When Setting Up Testamentary Trusts in NSW

by Kate Winninghoff | Jun 24, 2026 | Will, Estates & Probate

One of the most important things you can do for your family is plan for the future. When creating their estate plan, many people choose to use a testamentary trust because it offers flexibility and asset protection. Unfortunately, mistakes made in the drafting process...
Can Executors Be Personally Liable for Estate Errors in NSW?

Can Executors Be Personally Liable for Estate Errors in NSW?

by Kate Winninghoff | Jun 17, 2026 | Will, Estates & Probate

When someone dies, the executor of their estate takes on an important legal responsibility; they become responsible for managing the deceased’s assets, paying off their debts, and distributing their property to beneficiaries according to their will. While plenty of...
Testamentary Trusts for Blended Families in NSW

Testamentary Trusts for Blended Families in NSW

by Kate Winninghoff | Jun 1, 2026 | Will, Estates & Probate

Blended families have so much love and support to give, but they can also bring more questions about the future. One concern for many parents is to provide for a current spouse, but still leaving an estate to children from an earlier relationship. Some families may...
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Recent Posts

  • Dying Without a Will (or Without a Valid Will) in NSW: What Happens Next?
  • The importance of having a Will (or a Will with a Testamentary Trust), a Power of Attorney, and an Enduring Guardian
  • Who Should Be Trustee of a Testamentary Trust?
  • Writing a Will in NSW: Practical tips to reduce family disputes and family provision claims
  • What Happens to Property During Probate in NSW?

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