Deed of Family Arrangement
Deed of Family Arrangement Lawyers
Michael Conley Lawyers are leading estate lawyers in Sydney, who support our clients through the complexities of wills, estates and family law with a range of legal services and professional legal advice. Our experienced team will guide you and your family in a variety of family arrangements and estate matters, from constructing a simple will to more complex disputes.
Our estate law team is able to mediate and resolve estate disputes involving assets located both in Australia and overseas. We’re here to guide you towards a satisfactory resolution and help secure the future of your family.
Deed of Family Arrangement NSW
A deed of family arrangement is a document that legally changes the distribution of assets or an estate, as decided by all the beneficiaries, and so a legal document is created that records the family arrangement.
This type of document can be used in circumstances where an estate’s distribution was not made in accordance with a will or the laws of intestacy, or in cases where the personal representative of the estate is seeking protection from any future claims. The purpose of the deed of family arrangement is to record the agreed distribution and to avoid court proceedings from subsequent claims.
In order for a deed of family arrangement to be valid, it must include the signature of the legal personal representative of the deceased person’s estate, as well as the signature and consent of all the parties (beneficiaries aged 18 years or older) who were entitled under the original will or, in cases where there is no will, entitled under the law of intestacy.
Estate LAw Matters
Michael Conley Lawyers support our clients with a diverse team of estate law services and experienced lawyers, who prioritise the needs of your family first. Our team includes barristers, partners, senior associates, paralegals, administrative staff, forensic accountants, counsellors, trained mediators and arbitrators. Together, our lawyers take a holistic approach to provide independent legal advice with every case and strive to achieve a sensible and cost-efficient resolution.
Our goal is to understand the needs of your family now and in the long-term to create positive outcomes and attempt to resolve issues before they need to be taken to court. Our objective in working with our clients is to minimise the financial and emotional cost to families.
We understand how important communication and a prompt response is when dealing with sensitive matters, which is why our team prioritises communication to ensure you know what is involved at each step. You’re able to start proceedings with confidence and always know what’s happening with your case. We always reply to your calls and emails, and we’ll never ask you to call back later.
Want to know how our wills and estates services can help you? Book a FREE 15-minute call to discuss your needs and arrange a meeting with an experienced estate lawyer.
Want to know more about engaging a will dispute lawyer?
Deed of Family Arrangement FAQs
In short, yes. A deed of family arrangement is a legally binding agreement between the executor (personal representative) and the other beneficiaries, and all parties will be legally bound by the agreement.
None of the beneficiaries – even those with legal experience – should attempt to draft legal documents pertaining to the distribution of an estate. This is best done by working with an estate lawyer to avoid potential conflicts and reduce the risk of court proceedings.
To produce a deed of family arrangement, the personal representative of the estate and the beneficiaries (of legal age) will need to work with an estate lawyer. An estate lawyer is an experienced and licensed professional who specialises in this area of law, including wills and the process of probate. The end cost is dependent on the various unique factors of each case.
Deceased estates are the remaining property, possessions and collective wealth of individuals after death. These types of estates are usually managed and dispersed to the beneficiaries using a document such as a will or a document intended to be a will. If no valid will is available, then deceased estates can be administered and distributed under the Succession Act (2006).
The executor of an estate is entrusted with administering the will of a person after their death and often works with a probate lawyer, depending on the circumstances of the estate. In New South Wales, executors are responsible for safeguarding the estates during probate, until the will can be rightfully executed.
When you make a will, you need to appoint a person or an organisation as your executor to carry out the instructions in your will.
The responsibilities of an executor include estate administration, probate and distribution, and manage the financial affairs – including legal costs.
In NSW, a family provision claim is a type of application that can be submitted to the Supreme Court of New South Wales for a portion, or a larger share, from the estate of a deceased person. According to the Succession Act NSW (Section 57), generally, only a spouse is considered eligible to make an application to the Court for a Family Provision Order.
Most estate attorneys have an hourly rate, which is dependent on their experience. The end cost of reaching a dispute resolution can differ significantly, as it depends on whether or not the parties involved are willing to cooperate or court proceedings will be required, the complexities of your family dynamics and various assets, which can be further complicated by international laws if any assets are located internationally. The overall cost of a family lawyer is dependent on the individual case and the needs of the family you’re working with. To discuss your case and obtain legal advice from leading family law specialists, book a FREE 15 minute consultation.