Wills and Estate Lawyer
What is a Will?
A will, also known as a last will and testament, is a legal document that outlines how a person wants their assets and property (their estate) to be distributed after their death. It also allows individuals to nominate an executor to manage their estate, guardians for minor children, and even express their wishes for their funeral arrangements.
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Benefits of Engaging a Wills and Estate Lawyer
Ensuring your estate plan truly reflects your wishes and protects your loved ones often requires more than a DIY form. A specialist wills and estate lawyer brings tailored expertise, clear guidance, and hands-on support from drafting through administration.
Legal Expertise and Compliance
A lawyer stays current with state and federal legislation, so your will, powers of attorney, and trusts are drafted to meet all formal requirements.
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Reduces risk of invalid or contested documents.
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Ensures your plan accounts for intestacy rules in NSW or other jurisdictions.
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Keeps pace with legislative changes that might affect your legacy.
Personalized and Comprehensive Planning
Every family and asset mix is unique. A wills and estate lawyer will:
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Map out your full asset picture—including property, superannuation, business interests, and digital assets.
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Advise on setting up discretionary or testamentary trusts for minors or vulnerable beneficiaries.
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Draft enduring powers of attorney and guardianship orders to cover future incapacity.
Dispute Avoidance and Family Harmony
Clear, professional estate documents minimise potential friction:
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Precise language reduces ambiguity over who inherits what and when.
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Lawyers can facilitate family meetings or mediation to align expectations.
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Provisions for alternate executors or liquidators prevent administrative logjams.
Tax Efficiency and Asset Protection
Proper estate planning can preserve more wealth for beneficiaries:
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Strategically structure inheritances to limit capital gains or income tax liabilities.
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Use trusts or lifetime gifting to shield assets from creditors or legal claims.
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Coordinate estate planning with superannuation and insurance arrangements.
Efficient Administration and Support
When you pass, your executor faces a complex checklist. A wills and estate lawyer will:
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Guide executors through probate or letters of administration.
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Handle dealings with banks, the Land Titles Office, and the ATO on your estate’s behalf.
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Advise on debt repayment, estate accounting, and distribution logistics.
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Making a will
Putting your wishes in writing protects your loved ones and ensures your estate is distributed as you intend.
Changing a will
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Major life events (marriage, new children, divorce, new assets)? Draft a completely new will and expressly revoke all prior versions to avoid confusion.
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Review every 3–5 years or after any significant personal or financial change
Contesting a will
Common Grounds for Contesting
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Lack of Testamentary Capacity
The testator didn’t understand the nature of their assets or the effect of the will when signing it. -
Undue Influence or Coercion
Someone improperly pressured the testator to alter or make their will in a particular way. -
Forgery or Fraud
The document or signature was forged, or false statements induced the testator to change their will. -
Improper Execution
The will wasn’t signed and witnessed according to legal requirements. -
Inadequate Provision
Dependents and eligible persons argue they were left without reasonable support relative to the estate’s size.
Power of Attorney
A power of attorney (POA) is a legal instrument that lets one person (the principal) appoint another (the attorney or agent) to make decisions and act on their behalf in financial and legal matters when they’re unable or unavailable to do so themselves.
Enduring Guardianship
An enduring guardianship is a legal arrangement where you appoint someone (the enduring guardian) to make personal, lifestyle, and health-care decisions on your behalf if you lose the capacity to decide for yourself
Probate
Probate is the formal legal process by which a court validates a deceased person’s will and grants the named executor the authority to administer the estate. When a grant of probate is issued, the court officially recognises that the will is valid and confirms who can collect assets, pay debts, and distribute inheritances.
Purpose of Probate.
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Confirms the deceased left a valid will
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Empowers the executor to access bank accounts, shares, and real property
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Shields third parties (banks, land registries, share registries) that release assets only upon seeing a grant of probate
Letter of Administration
A grant of Letters of Administration is a court-issued document that authorises an administrator to collect a deceased person’s assets, pay debts, and distribute the estate when there’s no valid will or no executor available