We work only in wills & estates cases
all day every day. That's all we do.
all day every day. That's all we do.
Will Disputes in New South Wales
1. Is a minor (under the age of 18) allowed to make a will?
Section 5 of the Succession Act 2006 (NSW) provides:
- A will made by a minor is not valid.
- Despite subsection (1):
- a minor may make a will in contemplation of marriage (and may alter or revoke such a will) but the will is of no effect if the marriage contemplated does not take place, and
- a minor who is married may make, alter or revoke a will, and
- a minor who has been married may revoke the whole or any part of a will made while the minor was married or in contemplation of that marriage.
2. How do I attain a copy of the grant of Probate or a copy of the Deceased’s will?
By filing an Application for Certificate of Grant (Exemplification) with the Supreme Court of New South Wales.
3. How much does a copy cost?
- Exemplification (will only OR will and inventory of property) – $54.00
- Search Fee to ascertain file number for estates prior to 1989 – $54.00
- Retrieval fee for files stored offsite ( all files other than current year) – $12.30
4. Who can apply?
- A copy of the will / grant of probate / letters of administration is available to any applicant.
- A copy of the will / grant of probate / letters of administration including the inventory of property is only available to executors and beneficiaries.