Estate Planning Lawyer Burwood — Wills, POA & More

A will is one document within a broader estate plan — it sets out how your assets are to be distributed after death. An estate plan is the full picture: it also includes an enduring power of attorney (for financial decisions if you lose capacity), an appointment of enduring guardian (for medical and lifestyle decisions), superannuation nominations, and — where relevant — testamentary trusts or business succession arrangements. For most families, a will alone leaves important gaps.

If you die without a valid will in NSW, you are said to have died ‘intestate.’ Your estate is then distributed according to the intestacy provisions of the Succession Act 2006 (NSW), which apply a fixed formula based on surviving relatives. This means your assets may not go to the people you intended — and a surviving de facto partner, estranged spouse, or other family member may receive a share you never would have chosen. The estate administration process also tends to be more time-consuming and expensive without a will in place.

A testamentary trust is a trust created within your will that only comes into effect upon your death. It can offer significant tax advantages for beneficiaries who receive income from the estate (particularly for children under 18, who are taxed at adult marginal rates within a testamentary trust), and provides asset protection for vulnerable beneficiaries. They are particularly useful for people with blended families, significant assets, minor children, or beneficiaries who may be at risk from relationship breakdowns or bankruptcy. A solicitor can advise whether one suits your situation.

As a general rule, you should review your will every three to five years, and immediately after any major life event — including marriage, divorce or separation, the birth or adoption of a child or grandchild, a significant change in your assets, the death of a beneficiary or executor, or if you move interstate or acquire property overseas. In NSW, marriage automatically revokes a previous will unless the will was made in contemplation of that marriage. Divorce does not revoke a will but does revoke any gift or appointment made to a former spouse.

An enduring power of attorney is a legal document that authorises another person (your ‘attorney’) to make financial and property decisions on your behalf — and crucially, it continues to operate even if you lose mental capacity. Without one, your family has no automatic legal authority to manage your finances, pay your bills, or deal with your property if you are unable to do so yourself. In NSW, an enduring power of attorney must be signed in front of an authorised witness, such as a solicitor, to be legally valid.

Yes. Under the Succession Act 2006 (NSW), certain eligible people — including spouses, de facto partners, children, and some other dependants — can make a family provision claim if they believe they have been inadequately provided for in a will. These claims must generally be filed within 12 months of the date of death. If you believe you have been unfairly left out of a will, or if you’re an executor concerned about a potential claim, a solicitor can advise you on your rights and options.

In NSW, you can technically complete a DIY will kit — but the risk is that any technical error in drafting, signing, or witnessing can render the will invalid or open to challenge. Common problems include incorrect witnessing, ambiguous language around specific assets, failure to account for superannuation or jointly held property, and inadequate provision for certain family members that later triggers a family provision claim. Engaging a qualified estate planning solicitor costs relatively little compared to the disputes, delays, and legal costs that a defective will can generate for your family.