Wills & Estate Lawyers in Newcastle

Protect Your Assets

Worried about what’s going to happen to your assets after you pass away? A formal will can ensure your property and assets are divided amongst your loved ones. The team from Bale Boshev Lawyers can help you draft up a valid will, making sure your wishes are executed properly after you pass away.

With offices in Hamilton, Belmont and East Maitland, we have serve clients from across Newcastle area. Get in touch with our Newcastle Lawyers to discuss your Will and Estate matters.

Our Lawyers Are Able To:

Draft & update wills
Draft & revoke powers of attorney
Draft & revoke enduring guardian documents
Apply for probate
Contest wills
Assist with deceased estate claims/defend deceased estate claims
Assist with estate planning administration
Assist with letters of administration

Why Should I Have A Will?

Many people believe a will is not necessary for them as they don’t have complicated assets. However, you never know what could happen after you pass away. A will can ensure your assets are divided according to your wishes and will make sure your loved ones are taken care of. It can also help your family avoid complicated legal battles, as your estates will be divided by the government if there is no will.

When you decide to draft a will, you can choose how to divide your estate between your friends and family. You will also need to appoint an executor, and your preference for guardianship of your children. It’s always advised that you enlist the help of a professional to review your will to make sure it’s valid.

A valid will must be made by someone who is 18 years or over and is mentally capable of making their own decisions. The will was written under no undue influences or pressure, and the will-maker understands the document is intended to be their will. It must be handwritten or typed, signed and witnessed by two or more people who must also sign on the will.

If after your passing the Court deems your will invalid, your estate will be divided by the Court as they see fit.

Power of Attorney, Executors & Apply for Probate

Our lawyers can also help you in appointing a power of attorney and executor. An executor is who you’ll appoint to carry out the terms of your will. They are responsible for managing and distributing your estate, planning your funeral, ensuring your debts are paid, collect any life insurance and closing all bank accounts. Before the will can be executed, the executor must apply for probate, where the Court will review your will to deem its validity.

A power of attorney is someone you appoint, who will be able to make financial or health related decisions for you if you are no longer able to. They will be responsible for lifestyle decisions, and how your assets will be looked after when you no longer need them.

Letters of Administration

A letter of administration is required if the deceased passed away without leaving a will, or there is a will, but there is no executor available to apply for probate. Applying for a grant of administration can be a complex process, and it is advised you seek legal help. The application must be filed within 6 months from the date of death of the deceased and can only be applied by a spouse, a de facto partner or eligible relatives of the deceased.

If you are unsure whether your will is valid or you are thinking of contesting an existing will, the Newcastle team from Bale Boshev Lawyers are here to help. We offer a free initial case assessment and consultation, so we can provide you with the legal advice you need.

Give us a call today to see how we can help you.

Frequently Asked Questions

Do I need to make a will?

A will formally divides your assets after you pass away and provides you with control on who will receive your assets. If you have a large family or other dependents, it is advisable to have a will, as it can avoid possible legal disputes in the future.

Can I make my own will?

Although you don’t need to have your will written by a lawyer, it is advised that you have a professional review your will to ensure there are no mistakes. Your lawyer will make sure that your will is written in line with your wishes and inform you on who would be entitled to challenge your will.

What happens if I die without a will?

If you pass away without a will, the State will divide your assets as they see fit. Your assets will be given to any person who the State believes would’ve received assets if there was a will. This can include your spouse, ex-spouse, children, grandchildren and carers. Applications must be made to the Crown Solicitor for anyone wanting to claim.

Can I change my will?

Wills should be regularly reviewed, especially when circumstances in your life change. Significant events such as marriages or death of a beneficiary or executor should be considered for in your will.

What is probate?

Before any assets are divided by the executor, they must apply for probate. Probate means the Court deems the will as valid, and grants permission for the executor to carry out their duties.

Talk to one of our lawyers today, and let us fight for you.