Legal FAQs | Common Questions Answered by Trusted Specialists

Probate is the Court based legal process of validating a will and granting authority to the executor or administrator to collect, administer and finalise the deceased's estate. It's required when someone dies leaving assets in their sole name, such as real estate, bank accounts, or shares. Assets held jointly don't require probate.

Probate timeframes vary depending on the complexity of the estate and court processing times. Simple estates may take 6-8 weeks for probate approval, while complex estates might take several months. The full estate administration process typically takes between 6-12 months to complete.

In NSW we are not permitted to charge fees based on a percentage of the value of the estate. For the initial stages of an estate administration the Court regulates what we may charge. For work carried out beyond the initial stage we are only permitted to charge a fair and reasonable fee. What is fair and reasonable varies depending on the complexity of the estate and any issues that may arise. This is why we believe in transparent pricing. We will discuss our fees with you during your consultation and reach an agreement with you about them. This ensures you pay for the work actually performed and there are no surprises.

As an executor, you're responsible for identifying, locating, gathering and valuing assets, paying debts and taxes, and distributing the estate according to the will. This includes obtaining probate, lodging tax returns, and keeping detailed records. We explain and guide executors through each step and handle the legal complexities and logistics for you.

Yes, we regularly assist executors and administrators with estates involving assets located interstate or overseas. Our experience includes coordinating with foreign solicitors, navigating different legal systems, and ensuring compliance with international requirements.

Conveyancing is the legal process of transferring property ownership from seller to buyer. It involves contract preparation and review, property searches, mortgage coordination, settlement arrangements, and ensuring all legal requirements are met for a valid transfer of title.

Typical conveyancing takes 8-12 weeks from contract signing to settlement, depending on factors like mortgage approval times, search results, and whether there's a chain of property sales and purchases involved. We work efficiently to meet your desired settlement timeframes while ensuring all legal requirements are satisfied.

Property searches reveal important information about the property including planning restrictions, environmental issues, infrastructure charges, and any other matters that could affect your purchase. These searches help protect you from unexpected issues and help ensure you're making an informed decision. We will discuss with you if there are any additional searches that should be considered.

The agreed flat fee covers all standard conveyancing work including contract review, property searches, liaison with banks and other parties, preparation of settlement documents, and attendance at settlement. You'll know the exact cost upfront with no hidden charges or surprise fees.

Engage a lawyer as soon as you're serious about buying or selling property. Early engagement allows us to prepare and/or review contracts, advise on terms and conditions, and ensure you're fully informed throughout the transaction process.

Settlement is when ownership officially transfers. We handle all settlement documents, coordinate with banks and other parties, ensure funds are properly transferred, and arrange for keys to be released. You'll receive confirmation once settlement is complete and the property is legally yours.

A General Power of Attorney is temporary and ceases if you lose mental capacity. Typically these might be used if you are taking an extended trip/holiday and you want someone to manage things back at home for you. An Enduring Power of Attorney continues even if you become incapacitated, making it essential for future planning. We typically recommend Enduring Powers of Attorney for comprehensive protection. Your attorney is able to make decisions with regard to you financial and legal matters.

An Enduring Guardian makes personal and lifestyle decisions (health, accommodation, services) if you lose capacity, while an Enduring Power of Attorney handles financial matters. Both documents work together to ensure trusted people can make all necessary decisions on your behalf.

Choose someone trustworthy, reliable, and preferably younger than you. Consider their ability to handle financial matters or make personal decisions (particularly about your health and end of life) as required. You can appoint the same person for both roles or different people. We can advise on the pros and cons of each approach.

Powers of Attorney can take effect immediately or when you lose capacity, depending on how they're prepared. Enduring Guardian appointments only take effect when you lose capacity. We'll explain the options and help you choose what is appropriate for your circumstances.

Yes, you can revoke or change Powers of Attorney (both General and Enduring) and Enduring Guardian appointments at any time while you have mental capacity to do so. We recommend reviewing these documents regularly and updating them if your circumstances or preferences change.

We've served clients since 1971 with transparent pricing, innovative approaches like our visual will system, and direct access to specialist expertise. Practice Leader David Wilson is one of only 90 solicitors in NSW (as at October 2025), with STEP Advanced Certificates in Trust Disputes and certification in Contentious Trust Disputes. We provide specialist expertise for complex estate matters across NSW and Australia.

Yes, we offer agreed fixed-fee pricing for many services including wills, conveyancing, and Powers of Attorney. We will discuss with you the issues, actions involved and reach an agreement with you as to our fees. This transparency means you know exactly what you'll pay upfront, with no hidden costs or surprise charges. Contact us for a personalized quote.

Absolutely. While we're based in Penrith NSW, we assist clients throughout NSW and Australia. With modern technology, many legal services can be handled remotely, and we're happy to arrange convenient appointment times for clients traveling to our office or conduct consultations via video conference.

We understand legal matters can be urgent. We offer same-day appointments when possible and can prioritize urgent work. For estate matters, we're experienced in handling time-sensitive issues and can often accommodate expedited services when circumstances require.

Bring any relevant documents such as existing wills, property contracts, along with a list of your assets and any specific questions or concerns. We'll guide you through what's needed during our initial consultation and provide a checklist for future appointments.

We understand legal services are an important investment. We can offer flexible payment arrangements for many services and can discuss options during your consultation. Our goal is to make quality specialist legal advice accessible to all clients.