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Wills, Probate, Estate Planning & Family Provision Acts Claims

Cunninghams – The Law Practice regularly assists clients with:

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    Drafting & updating wills;
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    Applying for Probate;
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    Assistance with claims against wills & estates
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    Deceased estate claims/defending deceased estates
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    Estate planning administration
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    Letters of Administration (in the event that a will is deemed invalid);
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    Supreme Court estate litigation; &
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    Assistance with the Family Provision Act 1982

We always recommend updating your will and making its terms precise but simple. This will greatly assist your executors in the proper and timely discharge of their duties in carrying out your written wishes as to how your estate is going to be administered and distributed.


Letters of Administration

In the not unusual situation where a valid will has not been found or none was ever executed, Cunninghams – The Law Practice can assist you with applying for Letters of Administration to the Supreme Court of NSW. In these circumstances, the law decides who is eligible and for what share of the estate. The Supreme Court can appoint an Administrator to distribute the estate under the Wills Probate and Administration Act 1898 as amended.

The Family Provision Act 1982

If you are a beneficiary of a will but have not been provided for adequately according to the legitimate expectations of a person in similar circumstances in our present society, then you may make a claim against the deceased estate under the Family Provision Act 1982. There is a time limitation for this application and not all claims can be successful.



If there is a valid will and you have been named in the will as its executor, you can then apply to the Supreme Court for a probate of the will. Once the grant of probate has been obtained, you now have the legal authority to administer the deceased estate according to the law and distribute it to the beneficiaries named in the will in accordance with its terms. Cunninghams – The Law Practice can assist you with obtaining the probate and administering the deceased estate.

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