Plan now so your family is not left to guess.
Wills, powers of attorney, enduring guardianship and testamentary trusts, prepared by solicitors.
A will says who receives your property and who manages your estate.
A power of attorney and an enduring guardian cover the time before death, if you cannot make your own decisions.
Each document has strict rules on how it is signed and witnessed.
We prepare these documents and explain each one to you before you sign.
Wills and estate planning in NSW
- Wills. We prepare a will that names your executor, your beneficiaries and, if you have young children, a guardian for them.
- Powers of attorney. We prepare a general or enduring power of attorney so a person you choose can make financial and legal decisions for you.
- Enduring guardianship. We prepare an appointment of enduring guardian for health, medical, accommodation and lifestyle decisions.
- Testamentary trusts. We prepare wills that set up a trust after your death to hold assets for children or a beneficiary who needs protection.
- Updates. We review and update your documents after marriage, divorce, a new child or a change in your assets.
What happens if you do nothing
If you die without a will, the law decides who receives your estate. It follows a fixed order of relatives.
If you lose capacity without an enduring power of attorney, no one you chose can manage your money. A court or tribunal may need to appoint a financial manager.
If you lose capacity without an enduring guardian, the NCAT Guardianship Division may need to appoint a guardian.
Each of these takes time and cost. Signed documents, made while you have capacity, can reduce that.
How it works
- Book a call. We take down your family details, your assets and what you want to happen.
- We advise. We explain which documents you need and how each one works.
- We draft. We send you the drafts to read.
- You sign. You sign with the correct witnesses present, in person by arrangement.
- We keep you informed. We tell you where your original documents are kept and when to review them.
Remote legal services are available by phone and email. You may also meet us in person by appointment.
Where people get caught
A will that is not signed and witnessed correctly may not be valid
A NSW will must be signed in front of two witnesses who are present at the same time. If this is not done, the court may need to be asked to accept the document.
Marriage can cancel an existing will.
In NSW, marriage revokes a will unless the will was made in contemplation of that marriage. Some gifts and appointments to your spouse are saved.
Divorce does not cancel the whole will.
Divorce generally removes gifts to your former spouse and their appointment as executor, trustee or guardian. The rest of the will stays in place.
Some assets do not pass under your will.
Superannuation, life insurance and property held as joint tenants often pass outside the will. Your plan needs to deal with each of them.
An enduring power of attorney needs a prescribed witness.
Only certain people, such as a solicitor or a Local Court registrar, can witness it. The attorney must also accept the appointment by signing.
Common questions
Do I need a solicitor to make a will in NSW?
No. The law does not require it. A will must still meet strict signing rules, and errors can lead to disputes and court costs.
How often should I review my will?
NSW Trustee and Guardian suggests every five years, and after events such as marriage, separation, divorce, a new child or a large change in your assets.
Can my attorney make medical decisions for me?
No. In NSW an attorney makes financial and legal decisions only. Health, medical and lifestyle decisions are made by an enduring guardian.
Where should I keep my original will?
Somewhere safe that your executor knows about. Options include your solicitor, NSW Trustee and Guardian's WillSafe service, or the Supreme Court of NSW.
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Speak to a solicitor
Call (02) 8062 6300 or book a time that suits you.
Wills and estate planning
Book a free 15 minute estate planning call
Answer three short questions, then choose a time. A solicitor will call you to talk through your will, powers of attorney and guardianship.