The law of wills and estates, also known as succession law, is extremely varied and often very complex. The variations and complexities are compounded by the slightly but important variations of each Australian State. Be careful when attempting to learn the law from FAQ's on websites or any articles on websites (including this one) because the information contained on this site and most other sites is general in nature and will almost certainly not apply to you. Why would I say that? Well the truth of the matter is very simple, it's because every single case is different. You will probably have no idea of why your case is different, but I guarantee it is different.
The complexity in the law and in the cases arise because nothing in wills and estates is just black or white. There is nearly always some exception to a rule. When doing you research on various websites you may think you have found the answer to your particular circumstance but in fact you could be way off the track.
The worst case scenario for you is that some sites or videos you visit may be wrong either because the information is simply incorrect or out of date. The other possibility is the site or video may not have the correct information relevant to your case and will not reflect the correct result for your case. In summary, I strongly suggest you do not rely solely on what you hear on web site video or what you read on web sites . I urge you to check with your preferred solicitor before relying too heavily upon what you're 'learnt' on web sites.
If you are defending a claim please remember you have the right to choose your own solicitor. The fact that the will of the deceased person is held by the solicitor who prepared the will does not mean you are bound to instruct that same solicitor to act for you as "Defendant" in any proceedings or to use that same solicitor for your application for "Probate". Upon the death of the will maker you become the new client and you may choose the solicitor you wish to represent you.
And... when you call your preferred legal firm be sure to ask for the head solicitor in wills and estates from the beginning to save yourself time and also to ensure you are getting answers from the best available person in that firm. Your case in important to you so why not ask for the best solicitor in the firm. In fact, why not ask for their Accredited Specialist in Wills & Estates.
NSW Law Society Accredited Specialist in Wills & Estates Law.
Qualifications & Memberships:
- Solicitor of the Supreme Court of New South Wales
- Listed in Doyle’s Guide to the best lawyers in Australia as one of Sydney’s recommended lawyers in Wills and Estates Litigation.
- New South Wales Law Society Accredited Specialist in Wills & Estate Law.
- Member of the International Society of Trust and Estate Practitioners
- Awarded in 2015 (and nominated in 2011 and 2013) for the Law And Justice Foundation Award for Pro Bono work by the Law Society President
- Associate of the Australian Legal Practice Management Association.
- Member of the Law Society New South Wales
- Member of the Law Society Queensland
- Member of the Law Institute Victoria