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Wills, Probate and Administration of Deceased Estates


McNamara & Associates offers an easy and cost-effective way to obtain a will. We can assist you with:

  • Drafting & updating wills;
  • Applying for Probate;
  • Assistance with claims against wills & estates
  • Deceased estate claims / defending deceased estates
  • Estate planning administration
  • Letters of Administration (in the event that a will is deemed invalid);
  • Supreme Court estate litigation; and
  • Assistance with the Family Provision Act 1982

We always recommend keeping your will up to date as it makes distributing your estate far easier on your beneficiaries in what is already a hard enough time as it is.

McNamara & Associates can help you apply to the Supreme Court of NSW for Probate in instances where there is a valid will and you have been nominated as Executor of that will. The Supreme Court can then grant probate which authorises you to distribute the deceased estate in accordance with the provisions of the will.

Letters of Administration.
In the some-what complicated event that a valid will has not been left, McNamara & Associates can assist you with applying for Letters of Administration to the Supreme Court of NSW. In these circumstances, there is legislation that details how an estate may be distributed and by whom. The Supreme Court can appoint an Administrator to distribute the estate.

The Family Provision Act 1982
If you expected to be a beneficiary of a will but have not been provided for, you can make a claim against the distribution of any estate under the Family Provision Act 1982, provided you can clearly set out reasons as to why you should be considered a beneficiary of the deceased estate.

Making A Will, Power of Attorney and Enduring Guardian
When making a will, you should give thought to:

  • Who to appoint as your Executors and Trustees
  • Who to appoint as guardians of your infant children
  • What assets you can dispose of by your will and what assets you cannot (such as those owned jointly owned or owned by a Family or Discretionary Trust)
  • What liabilities you need to provide for by your will
  • Who you wish to benefit from your will and how the interest of competing parties can be satisfied
  • Whether your wishes can be challenged
  • Your funeral arrangements
  • The powers and directions you should give to your Executors and Trustees
  • Where to keep your will and who should know where it is kept
  • The benefits of having an Enduring Power of Attorney and an Enduring Guardianship.  

Contact McNamara & Associates for assistance and advice in relation to the preparation of your Will, Power of Attorney or Enduring Guardian documentation on 02 44 230155 or email us at: enquiries@mcnamaralawyers.com.au .



Suite 6 / 3 Schofields Lane  •  PO Box 1256 NOWRA NSW 2541  • DX 5319 NOWRA  •  Ph: (02) 4423 0155  •  Fax: (02) 4423 0811
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