RM Legal Sydney Pty Ltd

RM Legal Sydney Pty Ltd We specialise in property transactions, including Property Purchases & Sales, Loan Agreements, Business Sales & Purchases, as well as Franchising Matter.

We also specialise in Wills and Estates and assist in Family Law Matters. RM Legal does not provide Legal advice through its Facebook presence. Please contact our office to make a consultation appointment for your legal needs.

02/05/2026

When Should You Update Your Will?

It is generally recommended to review your will every three to five years to ensure it still reflects your wishes. While your circumstances may not always change, certain life events can significantly impact how your estate is distributed. Keeping your will up to date helps avoid unintended outcomes and provides certainty for your loved ones.

Key Situations Where You Should Update Your Will

Changes to Assets or Property

If your will includes a specific gift, such as a property or asset, that you no longer own at the time of your death, that gift may fail. This means the intended beneficiary may receive nothing in its place. If you have sold or transferred an asset mentioned in your will, it is important to update your estate plan to reflect your current intentions.

Marriage or Divorce

Your marital status has a direct legal impact on your will under the Succession Act 2006 (NSW).
- Divorce generally removes gifts made to a former spouse and revokes their appointment as executor.
- Marriage can revoke your entire will unless it was made in contemplation of that specific marriage.

Failing to update your will after these events can result in your estate being distributed in a way you did not intend.

Lost or Destroyed Will

If your original will cannot be located after your death and was last in your possession, there is a presumption that you intended to revoke it. While this can sometimes be challenged, it often requires court proceedings, which can delay administration of the estate and increase costs.

Why Keeping Your Will Updated Matters

An up-to-date will ensures your assets are distributed according to your wishes, reduces the risk of disputes, and avoids unnecessary legal complications. Regular reviews are a simple but critical step in effective estate planning.

If you need legal assistance with drafting, reviewing, or updating your will, contact RM Legal Sydney, Property and Estate Planning Lawyers.

29/04/2026

What to Do When You Lose a Loved One

Losing a loved one is an incredibly difficult and emotional experience. While managing their estate may feel overwhelming, the process can be handled in a clear and structured way with the right guidance.

The first step is to obtain a death certificate. This is usually arranged through the funeral director and is typically issued around 30 days after the funeral.

Once the death certificate is available, the administration of the estate can begin. The steps involved will depend on whether the deceased left a valid will and the nature and value of their assets.

If There Is a Will

Where a valid will exists, an application for a grant of probate must be made to the Supreme Court of New South Wales. This application is made by the executor named in the will. A grant of probate confirms that the will is legally valid and authorises the executor to collect and distribute the estate in accordance with its terms.

If There Is No Will

If the deceased did not leave a will, an application for letters of administration is required. This allows a suitable person, usually a close family member, to administer the estate.

In these circumstances, the estate is distributed according to the rules of intestacy under the Succession Act 2006 (NSW). These rules set out a clear order of entitlement, generally starting with the spouse, followed by children, then other relatives such as parents, siblings, and extended family. If no eligible relatives are found, the estate may pass to the State.

When a Grant May Not Be Required

Not all assets require a grant. For example, jointly owned property typically passes automatically to the surviving owner under the right of survivorship and does not form part of the estate.
In some cases, institutions such as banks may release funds without a grant if the balance is below a certain threshold. These requirements vary between organisations.

The Application Process

Applications for probate or letters of administration are made to the Supreme Court of New South Wales, with most applications now lodged online.

Generally, applications should be made within six months of the date of death. If there is a delay, the Court will require an explanation.

The application involves preparing and filing a number of documents, including a notice of intention, a summons, and supporting affidavits detailing the estate and the applicant’s entitlement. The Court will review the application and may request further information before issuing the grant.

Once the grant is issued, the executor or administrator is authorised to collect the estate assets, pay any liabilities, and distribute the estate to the beneficiaries.

How We Can Help

Managing an estate can be complex, particularly during a time of grief. Our experienced estate planning team is here to assist with every stage of the process, including probate applications, letters of administration, and advising on your entitlements.

We provide clear, practical guidance to ensure the estate is administered efficiently and in accordance with the law. If you need help contact RM Legal Sydney - Property and Estate Planning Lawyers.

Why Everyone Needs a Power of AttorneyMost people over 18 should have a Power of Attorney in place. It is one of those d...
30/03/2026

Why Everyone Needs a Power of Attorney

Most people over 18 should have a Power of Attorney in place. It is one of those documents you hope you never need, but when you do, it becomes critical.

A Power of Attorney allows you to appoint someone you trust to step into your shoes and deal with your financial and legal affairs. That can be something simple, like signing documents while you are overseas, or something more serious, like managing your affairs if you lose capacity.

The main reason everyone needs one is control. If something happens to you and you have not appointed an attorney, no one automatically has the authority to act on your behalf. Your family may be forced to apply to a tribunal or court just to access funds, deal with property, or make basic financial decisions. That process is slow, costly, and stressful at a time when it is least needed.

A properly drafted Power of Attorney avoids that. It ensures the person you choose, and trust, can act immediately when required.

Timing is also important. You can only make a Power of Attorney while you have mental capacity. Once that capacity is lost, it is too late. That is why it is something that should be put in place early, not left until there is a problem.

It also gives flexibility. You can limit what your attorney can do, when the power starts, and whether it only applies in specific situations. If you want it to continue if you lose capacity, you can put an enduring power in place.

In practical terms, it is a simple safeguard. It protects your assets, avoids unnecessary delays, and ensures your affairs can continue to be managed without disruption.

If you are serious about planning properly, a Power of Attorney is not optional. It is a basic part of getting your affairs in order.

Please contact RM Legal for a consultation on 9687 7000 or email [email protected].

What is a Mutual Will?A mutual will is an arrangement between two people, usually spouses, where they each agree to make...
27/03/2026

What is a Mutual Will?

A mutual will is an arrangement between two people, usually spouses, where they each agree to make wills in the same terms and, importantly, agree not to change those wills after one of them dies.

The key point is that it is not just two similar wills. It is a binding agreement. That agreement is what gives it legal effect.

In practice, it usually works like this. Each person leaves everything to the other on the first death. Then, on the second death, the estate goes to agreed beneficiaries, often children. They also agree that once one of them dies, the survivor will not alter that agreed distribution.

If the survivor later tries to change their will, the new will may still be valid on its face. But equity can step in. The court can impose a constructive trust over the assets to enforce the original agreement, so the estate is ultimately distributed in line with the mutual wills arrangement.

These arrangements are relatively uncommon and can be risky. They remove flexibility for the survivor. Circumstances can change over time, but the survivor may be locked into an old arrangement. They can also lead to disputes, particularly if the agreement is not clearly documented.

In New South Wales, there is no specific statute governing mutual wills. The arrangement is enforced through general equitable principles, so clear evidence of the agreement is critical. Without that, it is very difficult to prove that a binding mutual wills arrangement was intended.

If you would like advice on whether a mutual will is right for you, feel free to contact RM Legal to arrange a confidential consultation at (02) 9687 7000

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