Estate Planning & Wills Dispute - Marando Solicitors

Estate Planning and Wills Dispute

Do you need professionals who can assist with the preparation of your Wills, Powers of Attorney and Appointment of Enduring Guardian? Or someone who can resolve disputes related to the challenging of Wills ? Welcome to Marando Solicitors, the trusted name offering effective solutions in the legal domain for over 30 years.Our solicitors take the time to understand legal problems that may arise in estate planning, contesting a Will or making a family provision claim.

Generally, disputes regarding Wills arise from issues like improper execution, mental capacity and undue influence.

These issues need to be solved with the implementation of the right legal strategies, and this is what we do.

You may also be able to make a claim for family provision seeking a larger or new share from a deceased person’s estate, because the deceased’s Will does not make adequate provision for you.

What do we cover under our Estate Planning and Wills Dispute service?

Apart from resolving the disputes related to wills, we also assist you with the preparation of wills to ensure the smooth distribution of your assets following your death. We know that navigating the laws and regulations related to wills is challenging, and that’s why we help you in the process step-by-step.Furthermore, we assist with the making of a Power of Attorney, which is a legal document that grants a trusted person authority to make financial and legal decisions on your behalf.

We can also assist with the preparation of an Appointment of an Enduring Guardian, which is a document where a person appoints someone to make lifestyle and health decision on their behalf, if they are no longer able to make decisions yourself.

Why Marando Solicitors?

Let us take care of your estate planning process or Wills dispute.Our team of solicitors and professionals are experienced and will provide you clear and concise legal advice and provide effective communication related to Wills and estate planning.

If you have further queries about our services, feel free to connect with us today. Looking for a Solicitor in Fairfield, Wetherill park or in Liverpool ? Contact us now.

Frequently Asked Questions

On what grounds can someone challenge or contest a Will in NSW?

A Will can be contested if an eligible person was left without adequate provision for their maintenance, if the deceased lacked mental capacity when making the Will, or if there is evidence of undue influence. If you believe you have been unfairly excluded from an estate, Marando Solicitors provides expert advice on Family Provision Claims. Our estate dispute team acts with absolute discretion and sensitivity to achieve a fair distribution of assets for clients throughout Fairfield and Greater Western Sydney.

: Why do I need an Enduring Power of Attorney and an Enduring Guardian?

These documents ensure your financial affairs and medical decisions are managed by someone you trust if you ever lose the mental capacity to make choices for yourself. A Will only takes effect after passing, whereas a Power of Attorney and Enduring Guardian protect you during your lifetime. Marando Solicitors drafts custom estate planning documents tailored to NSW laws, ensuring your assets, healthcare preferences, and lifestyle choices remain firmly protected.

What is Probate, and when is it required in New South Wales?

Probate is a legal process where the Supreme Court of NSW certifies that a deceased person’s Will is valid and gives the Executor the authority to distribute the estate’s assets. It is generally required if the deceased owned real estate or held substantial funds in bank accounts or share portfolios. Marando Solicitors assists executors through the strict Supreme Court filing timelines, organizing advertisements, managing estate debts, and facilitating a smooth distribution of assets.

How can I protect my estate from being contested by estranged relatives?

While it is impossible to completely block someone from lodging a claim, you can significantly reduce the likelihood of a successful challenge by having your Will drafted by an expert solicitor who records the specific, lawful reasons for your asset distribution. At Marando Solicitors, we ensure your Will is executed with pristine legal compliance. We draft supporting statutory declarations and structure assets outside of the estate pool where appropriate to safeguard your true wishes.

Does a marriage or a divorce automatically revoke an existing Will in NSW?

Yes. Under NSW succession law, getting married automatically revokes any Will made prior to the marriage, unless the Will was explicitly written "in contemplation of" that marriage. Conversely, a divorce revokes any beneficial gifts or appointments left to your former spouse, but does not completely cancel the rest of the Will. To avoid leaving your estate in legal limbo, Marando Solicitors recommends updating your Will immediately following any major relationship milestone.

What are the duties and risks of being named an Executor of a Will?

An Executor is legally responsible for locating the Will, applying for Probate, paying off outstanding estate debts, defending the estate against legal challenges, and distributing remaining assets to beneficiaries. Executors can be held personally liable if they distribute funds prematurely or mismanage estate assets. Marando Solicitors acts as legal advisors to Executors in Fairfield, guiding them through their fiduciary duties safely to prevent personal financial liability.