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    • Medical Negligence
    • Women’s Health
          • Women’s Health

            We know that there is disparity in women’s health care, treatment, and support. We are committed to improving the lives of women and strongly advocating for their wellbeing.  That is why we take a stand and hold medical professionals accountable when medical care falls short of expected standards by delivering the best outcome in medical negligence claims affecting women.

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    • Hospital Negligence
          • Hospital Negligence

            We understand you may feel let down because you have experienced inadequate or negligent care and treatment in a hospital or medical facility. Your wellbeing is most important to us and we are committed to supporting you with compassion and holding medical professionals accountable for breach of duty and negligent care.

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    • Clinical Support
          • Clinical Support

            Experiencing poor or adverse outcomes from allied health treatment can be distressing and life changing. We are here to support you through your claim and it is our aim to hold allied health professionals accountable for their breach of care by delivering the outcome you deserve to your negligence claims.

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            Hello, I’m Jade. I’m here to help you with a quick call that will help us better understand your legal concerns. This way, I can connect you with the lawyer who is best suited to assist you with your situation.

            Your well-being is important to us, and we’re here to support you every step of the way.

            Call me on 02 4050 0330 or email [email protected]

    • Personal Injury
          • Personal Injury

            If you have been injured because of someone else’s negligence, our specialist team of Personal Injury Lawyers is here to support you with compassion and understanding providing you with the right advice. Our team has substantial experience and expertise in these matters to deliver the outcomes you deserve from your claim.

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          • Motor Vehicle Accidents

            We are here to support you and give you the clarity, guidance and the right legal advice if you have been injured in a motor vehicle accident. Our compassionate team of professionals in Personal Injury law have the technical expertise and a wealth of experience to win you the compensation you deserve.

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    • Public Liability
          • Public Liability

            Our specialist team in Personal Injury law is here to support you in accessing proper compensation if you have been injured because of someone else’s negligence. We have cutting edge expertise and experience in public liability claims to deliver the outcome you deserve.

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    • Abuse
          • Institutional Abuse

            We strongly believe that educational institutions must be held accountable when failing to protect children while in their care. If you have experienced institutional physical or sexual abuse, our specialist team in Personal Injury law is here to support you with compassion and offer our technical expertise and experience to deliver the best outcome in your case.

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    • Workers Compensation
          • Workers Compensation

            When you sustain an injury or illness because of work, you may be entitled to  compensation. Our specialist team in Personal Injury Law is here to support you with compassion and understanding with the right advice. We have substantial technical expertise to deliver the best possible outcome from your claim.

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    • Total & Permanent Disability (TPD)
          • Total & Permanent Disability (TPD)

            Are you unable to work because you have suffered a serious and permanent injury?

            You may be able to claim on the insurances under an existing superannuation policy for either or both income payments during the period of disability (income protection/salary continuance) and/or a lump sum for Total and Permanent Disablement (‘TPD’).

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    • School Negligence
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            Hello, I’m Jade. I’m here to help you with a quick call that will help us better understand your legal concerns. This way, I can connect you with the lawyer who is best suited to assist you with your situation.

            Your well-being is important to us, and we’re here to support you every step of the way.

            Call me on 02 4050 0330 or email [email protected]

    • Wills & Estate Planning
          • Wills and Estates

            When we provide advice on estate planning, we believe  in giving advice on options to mitigate the risks of litigation by potentially unhappy family members and protecting your assets from claims. Our legal team is here to support you and address your concerns regarding your estate planning. We have immense experience in these matters, providing you with advice and representation for your unique situation and delivering the best outcomes for your case.

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    • Powers of Attorney
    • Contest A Will
          • Contest A Will

            We have immense experience and specialised knowledge in family provision and wills disputes Where you have not been properly and adequately provided for under a will or where you suspect that the person making the will may not have had capacity or exercised their own free will, you need a lawyer with extensive experience and expertise. Our team of Lawyers will  provide you with advice and representation for your unique situation and deliver the best outcomes for your case.

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    • Enduring Guardian
    • Family Provision
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            Your well-being is important to us, and we’re here to support you every step of the way.

            Call me on 02 4050 0330 or email [email protected]

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          • Conrad Curry Can assist you with a variety of services

            Our solicitors are highly experienced in providing you with expert legal advice and will keep you informed every step of the way. It’s good to know that our firm is trusted and effective with a high success rate.

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    • Professional Negligence
          • Professional Negligence

            We rely on professionals in all aspects of our lives to provide us with proper advice on which to make decisions about our financial and legal affairs. When you are let down by poor advice the results can be devastating.  We are here to support you in your claim for compensation with clarity, guidance and the right advice to achieve the outcome you deserve.

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    • Malicious Prosecution
          • Malicious Prosecution

            We believe in standing up for those people who are falsely accused and prosecuted. Our experienced legal team is here to support you with compassion and provide you with clarity, guidance, and the right advice in your claim for compensation.

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            Your well-being is important to us, and we’re here to support you every step of the way.

            Call me on 02 4050 0330 or email [email protected]

    • What to Expect
          • What to expect

            We are your law firm for life. You can count on us for the best legal advice and compassionate support. We understand the challenges you are facing and we want you to know that you don’t have to navigate the often daunting process alone. We are here when you need us. Let us help you find your way forward with our empathetic and efficient approach. Contact us. You can call us on (02) 4050 0330 for a free initial no-obligation consultation or book an appointment online for an in-person consultation or an online video appointment.

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The Formal Requirements of a Valid Will

In this article we explore the formal requirements of a valid Will, drawing on specific sections of the Succession Act 2006 (NSW). Section 4 defines key terms like “will”, “executor”, and “beneficiary”, which help clarify the legal terminology. Section 5 outlines the Act’s scope, ensuring it applies to all relevant estates. Section 6 explains the geographical applicability, focusing on individuals domiciled or owning property in NSW. Section 7 highlights the importance of timely estate administration. Section 9 confirms that the Act covers property wherever it is located, and Section 10 ensures that traditional rules for interpreting wills continue to apply. These sections collectively provide the legal framework for the requirements discussed in the article.

What is a Will?

A Will is a legal document that expresses your wishes regarding the distribution of your property after your death. It should appoint an executor to manage and administer your estate.  In New South Wales, the Succession Act 2006 outlines the formal requirements for a will to be considered valid. Understanding these requirements can help you avoid potential disputes and ensure your estate is handled smoothly.

Who Can Make a Will?

To make a valid will in New South Wales, you must be at least 18 years old. However, there are exceptions for minors who are married or who have been granted permission by the Court. You must also have the mental capacity to understand the nature and effect of making a will. This means you should understand the extent of your assets and the implications of your decisions.

Writing the Will

The will must be in writing. This can include handwritten, typed, or printed documents. The language used should be clear and unambiguous to avoid any misinterpretation of your wishes.

Signing the Will

One of the key formal requirements is that the will must be signed by you, the testator, or by someone else in your presence and at your direction. Your signature should be at the end of the document. If it is placed elsewhere, there is a risk that the will could be considered invalid.

Witnessing the Will

Your signature on the will must be witnessed by at least two people who are present at the same time. These witnesses must also sign the will in your presence. Importantly, witnesses should not be beneficiaries of the will, as this could lead to conflicts of interest and potential legal challenges.

The Role of the Executor

An executor is the person you appoint in your will to administer your estate. This involves calling in your assets, paying any debts and distributing your assets according to your wishes. It’s important to choose someone you trust to carry out these responsibilities.

Reviewing and Updating Your Will

Life circumstances can change, so it’s important to review your will regularly to ensure it still reflects your wishes. Major life events such as marriage, divorce, the birth of children, or significant changes in your financial situation are good times to update your will.

Conclusion

Making a valid will is essential for ensuring that your assets are distributed according to your wishes after your death and that your loved ones are taken care of. The formal requirements outlined in the Succession Act 2006 should be adhered to, in order to prevent added complexity.  It is advisable to seek legal advice to ensure your will is valid and comprehensive.

If you need assistance with drafting or updating your will, contact The Law Office of Conrad Curry at (02) 4050 0330 for a free initial consultation. Our experienced team is here to help you navigate this important process with compassion and expertise.

DISCLAIMER

This article reflects the current law at the time of publication. It is intended for informational purposes only and does not constitute legal advice. The actual decisions in each case are summarised for general understanding. For specific legal guidance in relation to your situation, please consult with a qualified legal professional.

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