What happens if someone dies without a will?

If someone dies without a will, their estate is generally distributed according to a fixed formula set out in legislation, rather than according to their personal wishes. This process is known as intestacy.

What does an executor do?

An executor is responsible for administering a deceased estate according to the terms of the will, including collecting assets, paying debts and distributing what remains to the beneficiaries. The executor may also need to apply for probate before administering the estate.

Why might someone set up a trust?

A trust can be used to manage how assets are held and distributed, which can be useful for family, estate or asset protection purposes. The right structure depends on individual circumstances and the goals of the person setting up the trust.

Wills & Estates

Estates & Wills in Newcastle

We prepare wills, advise on trusts and assist executors and beneficiaries through the administration of an estate. Planning ahead can make a difficult time considerably easier for the people left behind.

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Planning Ahead for Your Family's Future

A clearly drafted will can make a significant difference to how smoothly an estate is administered, and taking the time to plan ahead can reduce the burden on family members during an already difficult period. At Peter Evans and Associates Solicitors & Conveyancers, we prepare wills for clients across Newcastle and Australia, and advise on trusts and the administration of deceased estates.

We take the time to understand each client's circumstances, including their family situation and assets, before preparing documents that reflect their wishes. Where an estate includes property, we can also assist with the transfer of any real estate involved. Call (02) 4926 4788 to discuss your estate planning needs with our team.

Signing a will with a Newcastle wills and estates solicitor

How We Can Help with Wills and Estates

Our wills and estates service covers planning ahead as well as administering an estate after someone has passed away:

Wills

We prepare wills that reflect each client's specific wishes and family circumstances. A clear, properly executed will can help prevent disputes among family members later on.

Trusts

We advise on setting up and managing trusts, including for family or estate planning purposes. Trusts can be used to manage how assets are held and distributed over time.

Estate administration

We assist executors with the legal steps involved in administering a deceased estate, including obtaining probate where required. This includes identifying assets, paying debts and distributing the estate according to the will.

Power of attorney

We prepare powers of attorney that allow a trusted person to manage financial or legal affairs if someone is unable to do so themselves. This is a key part of planning ahead for the future.

Key Terms in Wills, Estates and Trusts

Estate planning involves a number of terms that are worth understanding before making decisions about a will or trust. Probate is the court process that confirms a will is valid and authorises an executor to administer the estate, while an executor is the person named in a will to carry out its terms. A trust is a legal arrangement in which assets are held and managed by one person or entity for the benefit of another, according to specific terms. When preparing a will or trust, clients are asked to provide details of their assets, family circumstances and any specific wishes regarding beneficiaries, as this information forms the basis of the documents we prepare.

The information on this page is general in nature and does not constitute legal advice. You should seek independent legal advice regarding your specific circumstances before taking any action.

Frequently Asked Questions

Speak with our team about your matter

Call our team today to arrange a consultation or browse our other practice areas.

Call (02) 4926 4788 All Services