Frequently Asked Questions
-
How much does it cost to make a will in NSW?
The cost of making a will in NSW depends on the complexity of your estate and whether you need other documents like powers of attorney or trusts.
At KM Legal, we offer fixed free pricing for standard wills, which are appropriate for most people. The cost is $350, including GST.
-
Do I need a solicitor to write a will?
You don’t have to use a solicitor, but it’s recommended, especially if you have children, property, or want to avoid future disputes. A solicitor ensures your will is legally valid and clearly written.
DIY wills often lead to mistakes that cause stress or even legal challenges later. Our wills solicitors in Penrith make the process simple and affordable.
-
What can I do if I've been left out of a will in NSW?
If you’ve been left out of a will, or received less than you expected, you may be able to contest the will by making a family provision claim under the NSW Succession Act. You may be eligible if you were: a spouse or de facto, a child (including adult children and stepchildren), a dependent family member, or someone with a close personal relationship. Strict time limits apply for contesting, so it’s important to get legal advice quickly.
-
What happens if I die without a will in NSW?
If you die without a will (known as dying intestate), your estate will be distributed according to a legal formula under NSW intestacy laws. This may not reflect your actual wishes. It can also create delays, extra legal costs, and disputes among family members. Creating a valid will ensures your assets go where you want, and makes things easier on your loved ones.
-
Can I change my will later?
Yes, you can update your will at any time, as long as you have legal capacity. You might want to update it after big life changes like marriage, divorce, having children or buying property. We recommend reviewing your will every 3-5 years, or sooner if your circumstances change.
-
How long do I have to contest a will in NSW?
In most cases, you have 12 months from the date of death to contest a will in NSW. This is a strict time limit under the Succession Act 2006. If you wait too long, the court may refuse your application unless there are exceptional circumstances. At KM Legal, we can assess whether you’re eligible to make a claim and help you act before the deadline passes.