NSW Public Trustee Will Claims

GMP Contesting a Will Lawyers can help you dispute an estate managed by the NSW Public Trustee.

How does the NSW Public Trustee help when given power of attorney?

No matter the level of involvement of the NSW Public Trustee, all beneficiaries must be informed whether or not the deceased left a valid will. If there are any claims made against the estate in question, which may in any way affect what the beneficiaries are entitled to, the executor of this will must let the beneficiaries know about these claims.

When it comes to assistance from the NSW Public Trustee, it is dependent on whether it is appointed as attorney or not.

What assistance does the NSW Public Trustee offer if it is appointed as attorney?

When appointed as attorney, it offers assistance in the form of Future Assist or Active Assist.

Active Assist: this allows you to choose the level of assistance you want through a power of attorney. The Trustee will manage everyday financial tasks such as:

  • the collection of income
  • bill payment
  • property management
  • invest surplus savings.

This service can also be used to still manage your financial affairs, but allow them to still look after day-to-day financial worries. On top of this, should you for whatever reason lose the ability to manage these affairs, the NSW Public Trustee can do so under your enduring power of attorney.

Future Assist is a “just in case” power of attorney, basically a safety net. This entrusts them to manage your financial affairs if you are unable to. It is only used when it is needed.

Can a will be registered to protect it in NSW?

While there is no official public registry of wills in NSW, there are a number of providers that facilitate the registration of a will. The NSW Trustee & Guardian offers secure storage services for wills. Other services the NSW Public Guardian And Trustee offers include power of attorney and enduring guardianship documents called Will Safe. In instances where they may be holding the will of a deceased person, members of the public can make a deceased will enquiry.

If you have any issues regarding a deceased estate managed by the NSW Public trustee, or feel that you have been unfairly excluded from a will, you need to contact our experienced lawyers immediately. At GMP we are experts at public trustee wills in NSW. We know how to best pursue any issues regarding will disputes and are so confident we will get a successful outcome that we work on a No Win No Fee basis, Fixed Fee bass.

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