02 9755 9955
Legal Protection for Your Estate and Your Family in Smithfield
Marando Solicitors assists individuals and families across Smithfield in making informed, legally sound decisions about their estate. Our wills and estate lawyers in Smithfield work with clients to put clear arrangements in place before they are needed, reducing the burden on loved ones and the risk of disputes arising after death.
We recognise that estate planning in Smithfield is a deeply personal process. Our approach is unhurried, thorough, and built around your specific family circumstances, asset structure, and long-term intentions.
- Will Drafting: This involves preparing a legally valid, clearly worded will that reflects your intentions for asset distribution, executor appointment, and any specific bequests or conditions.
- Powers of Attorney: This includes drafting enduring powers of attorney so a trusted person can manage your financial and legal affairs if you lose capacity.
- Appointment of Enduring Guardian: This involves formally appointing someone to make personal, lifestyle, and medical decisions on your behalf should you become unable to do so.
- Estate Planning Advice: This includes advising on how to structure your estate to reflect your intentions, accommodate blended families, and reduce the likelihood of future disputes.
- Probate Applications: This involves assisting executors in obtaining a grant of probate from the Supreme Court of NSW so the estate can be formally administered and distributed.
- Letters of Administration: This includes acting for family members who need to administer an estate where no valid will exists, allowing assets to be lawfully managed and passed on.
- Will Disputes and Contested Estates: This involves representing eligible claimants who have been inadequately provided for, as well as defending executors and beneficiaries in family provision proceedings in NSW.
- Our wills lawyer in Smithfield examines your full asset structure, family dynamics, and personal wishes before recommending any course of action.
- We draft documents with precision and legal rigour, significantly reducing the risk of ambiguity, challenges, or unintended outcomes after your passing.
- We have substantial experience in probate applications, contested will matters, and estate administration through the NSW Supreme Court.
- Every document is explained in plain language before you sign, so you understand the effect of each clause and the role of every person appointed.
- All estate planning in Smithfield matters is handled with strict confidentiality and the sensitivity the subject demands.
Whether you are starting your estate plan from scratch, updating an existing will, or dealing with a disputed estate, Marando Solicitors is ready to help. Contact our wills and estate lawyers in Smithfield to arrange a confidential consultation.
Call us on 02 9755 9955 or email enquiries@marandosolicitors.com.au.
Can a homemade will be challenged in NSW?
Yes. Wills that are unclear, incorrectly witnessed, or fail to meet the formal requirements under the Succession Act 2006 (NSW) are vulnerable to challenge. A solicitor-drafted will significantly reduce the risk of it being contested or declared invalid by the court.
What assets does a will not cover in NSW?
Assets held in joint tenancy, superannuation entitlements, and trust assets generally fall outside the scope of a will. These require separate legal arrangements. An estate planning solicitor in Smithfield can advise on how to address these alongside your will.
Who should I appoint as executor of my estate?
An executor should be someone you trust completely, who is organised, and who is willing to take on the legal and administrative responsibility of managing your estate. You can also appoint a solicitor or trustee company. Our wills lawyer in Smithfield advises on the most appropriate appointment for your circumstances.
What is a family provision claim and who can make one in NSW?
A family provision claim is a formal application to the Supreme Court of NSW by an eligible person who believes they were inadequately provided for in a will or intestate estate. Eligible persons include spouses, children, former spouses, and certain dependants. Time limits apply to these claims.
Does marriage or divorce affect an existing will in NSW?
Marriage automatically revokes an existing will in NSW unless the will was made in contemplation of that marriage. Divorce revokes gifts and appointments made to a former spouse but does not revoke the entire will. Reviewing your will after any major life change is strongly recommended.
What is the role of an enduring guardian compared to a power of attorney?
An enduring power of attorney covers financial and legal decisions. An enduring guardian covers personal, lifestyle, and medical decisions. Both operate only when you lose capacity. Together they ensure every area of your life is covered by someone you have chosen and trust.
How is superannuation handled as part of an estate in NSW?
Superannuation does not automatically form part of your estate. It is distributed according to a binding death benefit nomination made directly with your superannuation fund. Without a valid nomination, the fund trustee has discretion over who receives your super. An estate planning solicitor in Smithfield can advise on making or updating your nomination.
