Wills, Estates & Probate
Planning your future shouldn’t be overwhelming. At MCB Lawyers, we are trusted wills, estates, and probate lawyers proudly serving Manly, Dee Why, and the broader Northern Beaches. With decades of experience, we provide transparent, effective legal solutions tailored to your needs.
Wills, Estate Planning & Probate – Clear Guidance. Efficient Outcomes.
Need probate or estate advice now?
Executor and administrator support with clear guidance on notices, filing and grants—NSW-wide.
Important NSW Timeframes
- Publish Notice of intended probate/administration/reseal online, then wait 14 days before filing.
- File the grant within 6 months of death (explain any delay in your affidavit).
- Family provision claims (contesting/claiming provision): generally 12 months from date of death.
- Distributing the estate: prudent practice is to wait at least 6 months (and 30 days after a Notice of Intended Distribution), given claim risk.
Wills, Estate & Probate Services
Will Drafting & Testamentary Trusts
Modern Wills and trust structures; guidance on assets that may sit outside the estate (e.g., super).
Enduring POA & Enduring Guardian
Financial authority and health/care decisions that complement your estate plan.
Probate (Grant)
Notice publication, application within 6 months (or explain delay), requisition management.
Letters of Administration
When there’s no Will or no executor—NSW rules and filing within 6 months.
Reseal of Grant
Use an interstate/overseas grant for NSW assets via reseal in the Supreme Court.
Family Provision / Will Disputes
Claims usually within 12 months; advice for executors and claimants (eligible persons).
What is Probate and Estate Administration?
Probate is the court process to validate a will under the Succession Act 2006 (NSW). It appoints executors and ensures the distribution of assets to the intended beneficiaries. Without a valid will, NSW intestacy laws determine who inherits after you pass away—a situation that may not reflect your wishes.
NSW Probate / Administration — From First Call to Distribution
We handle notices, the Court filing, requisitions, the grant, asset collection and safe distribution.
Triage & Documents
Death certificate, original Will (if any), asset/ liability list; confirm whether probate, letters, or reseal is required.
Publish Notice (14 days)
Online notice of intended probate/administration via the NSW Online Registry.
File the Application
File within 6 months of death (or explain delay). Super/life insurance may sit outside the estate.
Grant & Next Steps
Respond to any requisitions; on grant, verify digital grant if needed and begin asset collection.
Executor or next-of-kin—unsure where to start?
We’ll confirm the right pathway (probate, letters, reseal), publish the notice and file the grant.
Estate Planning
Ensure your wishes are respected and your legacy secured. We help you create a comprehensive estate plan with care and confidence.
Probate & Administration
Navigate probate and estate administration with ease. Our team guides you through every step, simplifying the process for your peace of mind.
Contested Wills
Resolve disputes with clarity and support. We advocate for fair outcomes in will contests, protecting your rights and interests.
Elder Law
Elder law addresses a range of legal issues that affect older adults, from preventing abuse and financial exploitation to planning for future care and financial security.
Powers of Attorney & Enduring Guardianship
These legal documents are essential in ensuring your wishes are respected and your affairs are managed according to your preferences, should you become unable to make decisions for yourself.
Frequently Asked Questions
What is a will, and why do I need one?
A will is a legal document that outlines how you want your assets distributed after your passing. Having a will ensures your wishes are respected and can help prevent disputes among family members.
How often should I update my will?
It’s advisable to review and update your will regularly, especially after major life events such as marriage, divorce, the birth of a child, or significant changes in your financial situation.
What happens if I die without a will?
Passing away without a will, known as dying intestate, means your assets will be distributed according to state laws, which may not align with your wishes. This can also lead to delays and potential disputes during the probate process.
What is probate, and how does it work?
Probate is the legal process of validating a will and administering an estate. It involves collecting assets, paying debts, and distributing the remaining assets to beneficiaries. Our team can guide you through this process to ensure it runs smoothly.
What is the role of an executor in a will?
An executor is responsible for managing your estate according to your will. This includes paying debts, filing taxes, and distributing assets to beneficiaries. Choosing a reliable executor is crucial for ensuring your wishes are carried out effectively.
Can I contest a will, and how does that process work?
Yes, you can contest a will if you believe it was made under undue influence, lacks proper execution, or if you were unfairly excluded. Our team can advise you on the grounds for contesting a will and guide you through the legal process.
What is a power of attorney, and why is it important?
A power of attorney is a legal document that allows someone to make decisions on your behalf if you’re unable to do so. It’s an essential part of estate planning to ensure your affairs are managed according to your wishes.
How do I ensure my estate plan reflects my current wishes?
Regularly reviewing your estate plan with a legal professional ensures it aligns with your current wishes and circumstances. Our team can help you make any necessary updates to protect your legacy.
Why choose MCB Lawyers for your wills, estates, and probate needs?
At MCB , we combine legal expertise with a personal touch, guiding you through the complexities of estate planning with empathy and understanding. Our commitment to personalised service ensures your legacy is protected and your wishes are honoured.
Get it right the first time.
Notices, filing and grants handled precisely—so the estate can be administered without delay.