Rickards Whiteley Lawyers
 

FAQ's

Why choose a Lawyer to carry out Conveyancing work?

A conveyancer can only process the transfer of a property up to a limited value.

The process of buying or selling your home may not be a straight forward process. There are often problems for which you need accurate expert advice so that you know where you stand in the event that a legal dispute arises.

The method by which the property is transferred can also have significant legal, taxation and financial consequences for you and your family and should also be accompanied by other legal steps to protect your assets and plan for the future. Your lawyer can ensure that all of these needs are met.

Acquiring and disposing of property should also be accompanied by proper estate planning.

By using a lawyer to work for you, you have established a personal link and can call upon that legal firm if you need the assistance of a lawyer in the future.

We offer extensive experience and expertise in many fields of law and are also able to provide referrals to other specialists in appropriate areas when needed.

 

My relative has passed away. Can I see the Will?

The following people can request a copy of a Deceased person's Will from the person who has possession or control of the Will:

  • any person named or referred to in the will, whether as a beneficiary or not,
  • any person named or referred to in an earlier will as a beneficiary of the deceased person,
  • the surviving spouse, de facto partner (whether of the same or the opposite sex) or issue of the deceased person,
  • a parent or guardian of the deceased person,
  • any person who would be entitled to a share of the estate of the deceased person if the deceased person had died intestate,
  • any parent or guardian of a minor referred to in the will or who would be entitled to a share of the estate of the testator if the testator had died intestate,
  • any person (including a creditor) who has or may have a claim at law or in equity against the estate of the deceased person,
  • any person committed with the management of the deceased person's estate under the NSW Trustee and Guardian Act 2009 immediately before the death of the deceased person,
  • any attorney under an enduring power of attorney made by the deceased person,
 

My father has made a Will, can I see it?

If your father is alive, no. The Succession Act 2006 only allows for certain people to see a copy of a deceased person's Will. See above.

 

What is Power of Attorney?

Click here for more information.
 

What is a living Will?

Click here for more information.
 

I am appointed as executor under a Will, what do I need to do?

An executor appointed under a Will has many obligations and legal responsibilities, including attending to the funeral arrangements of the Deceased, obtaining details of debts owed and due to the estate and ensuring that the estate is distributed according to the wishes of the deceased.

You should contact us as soon as possible to discuss your obligations and legal responsibilities.