Wills & Estates Solicitor Near Wollongong
Serving Shoalhaven & The Illawarra
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Wollongong Wills & Estates Solicitor
Creating and managing wills and estates is a detailed and necessary legal process, and NH Legal offers support to individuals and families in Wollongong seeking assistance in this area. Led by Principal Solicitor Neil Hartley, who brings over three decades of experience in both public and private legal practice, our firm assists clients with the preparation of wills, estate administration, powers of attorney, guardianship documents, and contested estate matters. We are committed to helping our clients navigate legal procedures with clarity and professionalism, ensuring every document is accurate and appropriate for the individual’s situation.
In Wollongong, wills and estate matters may arise following a death, during major life changes, or when individuals want to plan ahead. We provide guidance for those who may be acting as executors, managing disputes among family members, or preparing basic documents for peace of mind. The firm’s approach focuses on responsiveness, transparent communication, and personalised attention to detail.
For more information or to arrange a no-charge consultation, call
0416 705 799.
Services We Offer Near Wollongong
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Estate Services with Clarity
Wills and estate legal services provided in Wollongong follow a structured, document-based process designed to help clients understand each step. This typically begins with a consultation to review an individual's personal and financial situation, followed by the drafting of documents such as wills, powers of attorney, or appointment of enduring guardians. In cases involving estate administration, we can assist with identifying assets and liabilities, communicating with beneficiaries, and lodging required forms with courts or financial institutions.
Where family members contest a will or raise concerns over capacity, the process may involve formal dispute resolution, mediation, or court hearings. Throughout each stage, our solicitors apply a methodical approach to ensure documentation is correct, deadlines are met, and all actions taken comply with legal requirements. We prioritise direct client communication and clear cost information. For clients in Wollongong, this approach helps ensure transparency and practical guidance from the initial enquiry through to finalisation.
Frequently Asked Questions
What makes a will legally valid in Australia?
A will is considered legally valid in Australia if it meets specific legal requirements. First, the will must be in writing—either typed or handwritten—and must clearly state the intentions of the person making the will (the testator). The testator must be over 18 years old and have testamentary capacity, meaning they understand the nature and effect of the will.
For validity, the will must be signed by the testator in the presence of two independent witnesses, who also sign the document in each other’s presence. These witnesses should not be beneficiaries or spouses of beneficiaries, as this could affect the validity of the gift in question. It’s important that the will be free from signs of coercion, fraud, or undue influence. If any of these conditions are not met, the will may be challenged or deemed invalid by a court.
What is the role of an executor in a will?
An executor is the person appointed in a will to carry out the instructions of the deceased and manage the estate according to the law. This includes locating the will, arranging the funeral (if not preplanned), applying for probate if required, identifying and collecting assets, paying off any debts or taxes, and distributing assets to beneficiaries as outlined in the will.
Executors also have legal duties, including acting in the best interests of the estate, avoiding conflicts of interest, keeping accurate records, and communicating with beneficiaries. The role can be time-consuming and, depending on the complexity of the estate, may take several months to complete. Executors are allowed to seek professional assistance to fulfil their responsibilities, particularly in matters involving court filings or disputes. They may also be entitled to compensation, especially if not a beneficiary of the estate.
Can a will be challenged after death?
Yes, a will can be contested after the person’s death under certain circumstances. Common grounds for challenging a will include allegations that the deceased lacked mental capacity when making the will, was unduly influenced, or did not understand what they were signing. A will can also be contested if it fails to make adequate provision for certain eligible persons, such as spouses, children, or dependants.
In these cases, an individual can file a family provision claim, asking the court to alter the distribution of the estate to include or increase their entitlement. Challenges must usually be made within strict time limits, which vary by state—often within 6–12 months of the grant of probate. Courts will consider a range of factors, including the applicant’s relationship with the deceased, financial need, and the size of the estate. Successfully contesting a will requires evidence and a legal basis under the relevant state legislation.
