Deceased Estates
Deceased Estates Lithgow & Blue Mountains
Legal expertise when people pass away
When a person passes away, their assets form part of their deceased estate. Legal assistance is often required to administer the estate, interpret a Will, or resolve disputes about how the estate should be distributed. Higgins Lawyers assists clients with estate administration, probate and letters of administration, and contesting Wills under NSW law.
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What happens if there is no will?
If a person dies without a valid Will, they are said to have died intestate. In these circumstances, the estate is distributed according to the Succession Act 2006 (NSW). The legislation sets out who is entitled to inherit, generally giving priority to a spouse and children. If no eligible beneficiaries exist, the estate may pass to the State.
Who is considered a spouse?
Under NSW law, the definition of a spouse includes married partners and certain de facto partners. A de facto relationship may be recognised where the parties lived together in a genuine domestic relationship, including where the relationship existed for at least two years or resulted in the birth of a child.
Contesting a Will – Family Provision Claims
In some circumstances, a person may be entitled to contest a Will if they believe they have not been adequately provided for. These claims are known as Family Provision Claims and are governed by the Succession Act 2006 (NSW). Eligible applicants may include spouses, former spouses, children and certain dependants.
Time Limits for Family Provision Claims
Strict time limits apply to bringing a Family Provision Claim. Failing to act within the required timeframe may affect your ability to make a claim, so early legal advice is strongly recommended.
Why choose us?
Higgins Lawyers has extensive experience assisting clients with deceased estates and contested Will matters across regional NSW. We provide clear, compassionate advice during difficult times and work to resolve estate matters efficiently, whether through negotiation or Court proceedings where necessary.