A beneficiary is a person or entity who is nominated by the testator to inherit a share of their estate or a specific item in their estate (such as a property, cash legacy or pieces of jewellery) under their Will (as a specific gift). Beneficiaries can either be individuals such as family members...

In New South Wales, the requirements for witnessing a Will are outlined in the Succession Act 2006 (NSW). The key points are contained in Sections 6, 9 and 10 of the Succession Act which are the following: 1. Number of Witnesses: A Will must be witnessed by at least two adult indi...

A Will is a legal document used by the willmaker (also known as the testator or testatrix) to make a declaration on the intentions of their wishes upon their death. The key characteristics of a Will include: Revocability: A Will may be revoked by the testator at any time until their death, pr...

When a person dies without a Will it is known as dying intestate. If you die without a Will, the government decides how your estate will be divided under the rules of intestacy in the Succession Act NSW 2006. Like any legislation these rules can be changed by the State Government at any time. Hav...

Probate is a Court order that confirms the deceased's Will is valid and legally binding, which then allows the deceased’s assets to be distributed according to the terms of the Will. The court of Probate is the Supreme Court in each State and Territory. What does Probate involve? ...