Frequently Asked Questions — Wills & Estates

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Browne Linkenbagh - Wills and Estates Experts, Leura, Blue Mountains

Wills

Do I need a lawyer to write a will in NSW?

It isn't a legal requirement, but a will drafted without legal advice is far more likely to contain errors that make it invalid, ambiguous, or open to challenge after you're gone. A specialist wills and estates lawyer ensures your will is properly executed under NSW law and reflects your actual intentions.

When should I update my will?

Common triggers include marriage, divorce, the birth of a child or grandchild, the death of a beneficiary or executor, buying or selling significant assets, or starting a business. As a general rule, review your will every few years even if nothing obvious has changed.

What happens if I die without a will in NSW?

You die "intestate," and your estate is distributed according to a fixed formula under NSW succession law rather than your own wishes. This can produce outcomes you wouldn't have chosen — particularly in blended families or de facto relationships.

Can I write my own will?

You can, but DIY wills are a leading cause of estate disputes and family provision claims. Small errors in wording, witnessing, or execution can invalidate all or part of the document.

Probate & Estate Administration

What is probate?

Probate is a Supreme Court of NSW order confirming a will is valid and authorising the executor to administer the estate. It's generally required before banks, land title offices, and other institutions will release a deceased person's assets.

How long does probate take in NSW?

Timing varies with the complexity of the estate, but a straightforward application typically takes a few months from filing to grant. Complex or contested estates take considerably longer.

What's the difference between probate and letters of administration?

Probate applies when there's a valid will naming an executor. Letters of administration apply when there's no will, or no executor able or willing to act — the court appoints an administrator instead.

Contesting a Will / Family Provision Claims

Can a will be contested in NSW?

Yes. Eligible people (generally spouses, children, and certain dependants) can make a family provision claim if they believe the will doesn't adequately provide for them. There are strict time limits — generally 12 months from the date of death.

Who can make a family provision claim?

Eligibility includes spouses, de facto partners, children (including adult children), former spouses in some cases, and people who were dependent on the deceased. Each case depends on individual circumstances.

How long do I have to contest a will in NSW?

Generally 12 months from the date of death, though this can occasionally be extended with the court's permission in limited circumstances. Acting early is important.

Powers of Attorney & Guardianship

What's the difference between a Power of Attorney and Enduring Guardianship?

A Power of Attorney deals with financial and legal decisions. An Enduring Guardian makes personal, health, and lifestyle decisions on your behalf if you lose capacity. Most estate plans include both.

When does an Enduring Power of Attorney take effect?

This depends on how the document is drafted — it can take effect immediately or only if you lose capacity. Your lawyer can tailor this to your circumstances.

Working With Browne Linkenbagh

Does Browne Linkenbagh only handle wills and estates?

Wills, estates, and estate litigation are the firm's core specialty — the only dedicated specialist wills and estates practice in the Blue Mountains, alongside related services including powers of attorney, family provision claims, and conveyancing.

Where is Browne Linkenbagh located, and do you service areas outside Leura?

The office is at 21 Grose St, Leura, in the Blue Mountains. The firm services clients across the Blue Mountains and Western Sydney region, with phone and video consultations available. We also have an office in the Sydney CBD. By Appointment only.

How do I get started?

Contact the office on (02) 4784 2177 or through the website to arrange a consultation. 

 

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