WILLS & PROBATE
Plan with Certainty. Protect What Matters Most.
Clear. Binding. Peace of Mind.
Preparing a Will is one of the most important things you can do to protect your family and ensure your wishes are followed. At Eric Navea Legal, we guide you through the process of creating a legally valid Will, Powers of Attorney, and full estate planning documents, no jargon, no stress.
Whether your estate is simple or complex, we make sure your intentions are properly recorded and legally enforceable under NSW law.
Our Wills Services
Every person’s life, family and goals are different. That’s why we offer tailored, compassionate legal advice to help you plan properly.
✔ Drafting and updating Wills
✔ Enduring Power of Attorney (financial and legal matters)
✔ Appointment of Enduring Guardian (medical and personal decisions)
✔ Testamentary Trusts and asset protection structures
✔ Advice on disinheriting beneficiaries or complex family arrangements
✔ Planning for digital assets and superannuation
✔ Advance Care Directives
✔ Probate and Letters of Administration
✔ Defending and contesting Wills (including Family Provision Claims)
✔ Estate disputes and resolution
✔ Advice on managing end-of-life matters and executor duties
Why You Need a Will
A Will isn’t just for the wealthy, it’s essential for anyone who wants to decide what happens to their assets, guardianship of their children, or personal matters after death. Without a valid Will in NSW, your estate may be distributed according to a government formula, not necessarily in line with your intentions.
Every family is different and so is every estate plan. We’ll take the time to understand your situation and design a plan that suits your values, your family, and your goals.
Enduring Power of Attorney & Guardianship
Who would manage your financial or legal affairs if you became unwell? Who would make decisions about your health or living arrangements? We can prepare:
Enduring Power of Attorney – for financial/legal matters
Enduring Guardian – for medical or lifestyle decisions
These documents are just as important as your Will and form a key part of any responsible estate plan.
Probate & Estate Administration
Losing a loved one is difficult enough — the legal process that follows doesn’t need to be. We guide executors and administrators through the probate process, helping with:
Applying for Probate or Letters of Administration
Notifying institutions and beneficiaries
Collecting and distributing estate assets
Resolving estate disputes
If you're unsure of your legal duties or need help navigating the process, we're here to provide clear, step-by-step support.
EXECUTORS & GUARDIANS
Who should I appoint as executor?
Choose someone you trust to carry out your wishes — usually a family member, friend, or professional (like a lawyer). You can name more than one executor.
Can I appoint a guardian for my children?
Yes, in your Will you can nominate a legal guardian to care for your children if you die before they turn 18. This is one of the most important reasons parents should make a Will.
Frequent Asked Questions
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A Will is more than just a document — it’s a legally binding plan for what happens to your assets, loved ones, and legacy. In your Will, you can:
Choose who receives your assets
Appoint an executor to manage your estate
Nominate guardians for your children
Give specific gifts or donations
Express wishes about funeral arrangements
Without a valid Will, your estate is distributed under the NSW intestacy laws — which may not reflect your actual wishes. It can also delay asset distribution and increase legal costs.
We ensure your Will is not just valid, but also strategic, especially if you're dealing with blended families, trusts, superannuation, or business assets.
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Probate is a Supreme Court order confirming that a Will is valid and the executor is authorised to manage the estate. It’s usually needed when the deceased owned real estate or significant financial assets.
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You can make a Will without a lawyer, but many DIY Wills are invalid, unclear, or leave out critical details. A lawyer ensures your Will is legally binding, tailored to your situation, and less likely to be challenged.
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If you pass away intestate (without a Will), NSW law decides who gets what. That may leave out key people in your life — like de facto partners, stepchildren, carers, or chosen charities.
Consequences of not having a Will:
Delays in releasing funds and assets
Disputes between family members
No control over who receives your estate
No clear guardian for your children
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Any time your circumstances change — e.g. marriage, divorce, children, or acquiring/selling major assets.
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Yes, but they may be eligible to contest the Will under the Family Provision Act. This includes spouses, children, and dependants. We can advise on how to reduce the risk of a successful challenge.
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Yes — you usually have 12 months from the date of death to make a Family Provision Claim in NSW.
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Yes — Wills can be contested if someone believes they were unfairly left out, or if the Will was made under undue influence or without capacity.
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Yes. You can include funeral or burial/cremation instructions. However, these wishes are not legally binding — they are just guidance for your family.
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Power of Attorney: Gives someone authority to make financial or legal decisions on your behalf
Enduring Guardian: Appointed to make health, medical and lifestyle decisions if you can’t
When do these documents take effect?
A Power of Attorney can be set to start immediately or only if you lose capacity
An Enduring Guardian only takes effect if and when you lose capacity
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We offer affordable, fixed-fee Will packages. Contact us for a quote based on your needs.
Take the First Step
Making a Will doesn’t need to be overwhelming. We’ll help you get it done properly, and give you confidence that everything is in order for your family’s future.