1. Why Do I Need a Will in NSW?

 

A will is the only legal way to ensure your assets are distributed exactly according to your wishes after you pass. Without one, your estate falls under intestacy laws, which follow a strict order of relatives and may not match your preferences—potentially leaving out partners, step-children, friends, or charities.

​

It also lets you appoint guardians for minor children, name your executor, include specific gifts (jewellery, cars, pets), set up trusts, and give clear funeral or burial instructions. A proper will avoids costly court battles and gives your loved ones clarity during a difficult time.

 

Tip: Even if you have modest assets, a will prevents stress and expense for your family.

​

2. What Happens If I Die Without a Will in NSW (Intestate)?

 

Your estate is distributed according to a fixed formula under the Succession Act 2006 (NSW). A spouse or de facto partner usually receives the first ~$600,000 plus household items, then a share of the remainder with your children if the children are not of the marriage. If there is no spouse or children, it goes to parents, siblings, etc.—and ultimately to the State if no relatives are found.

​

The process requires the family to apply for Letters of Administration through the Supreme Court, involving extra paperwork, delays, higher legal costs, and potential family conflict. There is no control over guardians, specific gifts, or trusts.

​

3. How Often Should I Review or Update My Will in Australia?

 

Review your will every 3–5 years and immediately after major life events: marriage (which revokes an existing will unless made in contemplation of marriage), divorce, birth/adoption of a child, death of a beneficiary/executor, significant asset changes, or moving interstate/overseas.

 

Life changes fast—regular reviews keep your plan current and valid.

​

4. What Is an Executor of a Will, and Who Should I Choose?

 

An executor is the person (or professional) you appoint to carry out your will: locate assets, apply for probate, pay debts/taxes, and distribute to beneficiaries.

 

Choose someone trustworthy, organised, and willing—often a spouse, adult child, close friend, or professional (solicitor/accountant) for complex estates. You can appoint 1–4 executors and backups. Discuss the role with them first.

​

5. Can I Make My Own DIY Will or Use an Online Kit, or Do I Need a Solicitor in NSW?

 

You can, but DIY or online wills carry high risk of invalidity, ambiguity, or challenges—leading to thousands in extra legal fees, delays, or your wishes being ignored. The law requires specific formalities (writing, signed by you in the presence of two independent witnesses over 18, etc.) plus full testamentary capacity.

​

A solicitor ensures that the will is tailored, tax-efficient, dispute-proof, and includes protective clauses or trusts. The small upfront cost saves your family far more later.

​

6. What Is an Enduring Power of Attorney in NSW, and Why Is It Important?

 

An Enduring Power of Attorney (financial) is a legal document appointing someone to manage your money, property, and legal affairs if you lose capacity (e.g., due to accident, dementia, or illness). It continues (“endures”) even after you can no longer act.

​

Without one, your family must apply to the NSW Civil and Administrative Tribunal (NCAT) for a financial manager—costly, time-consuming, and possibly appointing someone you wouldn’t choose. Essential alongside your will.

​

7. What Is an Appointment of Enduring Guardian in NSW, and Why Do I Need One?

 

An Appointment of Enduring Guardian authorises a trusted person to make personal, lifestyle, and medical decisions (accommodation, health care, consent to treatment) if you lose capacity.

 

It complements your Enduring Power of Attorney (which covers finances only). Without it, NCAT may appoint a guardian. Many people appoint the same trusted person for both documents.

​

8. What Is Probate in NSW, and When Is It Required?

 

Probate is the Supreme Court process that validates your will and grants your executor legal authority to deal with assets. It is usually required for solely-owned real estate, bank accounts over certain thresholds, shares, or other high-value assets.

​

Our team can prepare the application efficiently. Joint assets or small estates may not need full probate.

​

9. How Can I Protect My Estate from Disputes or Family Provision Claims in NSW?

 

• Have a solicitor draft a clear, professionally witnessed will

• Include a detailed “letter of wishes” or statutory declaration explaining decisions

• Use testamentary trusts or protective clauses

• Communicate openly with family

• Consider mutual wills or binding financial agreements for blended families

 

Eligible persons (spouse, de facto, child, former spouse, dependent grandchild, etc.) can still claim, but strong documentation significantly reduces success rates and costs.

​

10. What Is a Full Estate Plan, and Do I Need One in Sydney?

 

An estate plan is more than a will. It typically includes:

• ​

• • Will (with optional testamentary trusts)

• • Enduring Power of Attorney (financial)

• • Appointment of Enduring Guardian

• • Binding Death Benefit Nomination for superannuation

• • Advance Care Directive

• • Asset protection structures

​

It minimises tax, protects vulnerable beneficiaries, avoids disputes, and covers incapacity and death. Essential for anyone with a family, property, or superannuation.

​​​​​

11. Can I Include Digital Assets, Cryptocurrency, and Online Accounts in My Will?

 

Yes. List digital assets (email, social media, crypto wallets, online banking, NFTs, domain names) and provide access instructions, passwords (in a separate secure document), and your wishes for each. Our team can include specific clauses to make them enforceable and help executors access them legally.

​​

12. What Is a Testamentary Trust, and When Should I Consider One?

 

A testamentary trust is a trust created by your will that activates after death. Assets are held and managed for beneficiaries (instead of given outright).

 

Benefits: asset protection from creditors and the Family Court, tax savings (especially for minors or high-income earners), control over spending, and support for beneficiaries with disabilities or addiction issues. Highly recommended for larger estates, young children, or blended families.

​

13. How Long Does It Take to Settle a Deceased Estate in NSW?

 

Straightforward estates with probate: 6–12 months. Complex estates (disputes, overseas assets, businesses, trusts): 12–24+ months. Our specialised team speeds up the process by handling paperwork, court processes, administration and distributions efficiently.

​

14. Can I Appoint a Guardian for My Children in My Will?

 

Yes—highly recommended. You can nominate a preferred guardian (and alternate) for your minor children (under 18) in your will. Combine with a detailed letter explaining your choice.

​

15. How Do I Get Started with Creating a Will or Estate Plan?

 

Simple:

• Book a free, no-obligation consultation (in-person or online) with our wills and estates team.

• Gather asset summaries, family details, and any existing documents.

• We explain options, provide a fixed-fee quote, and draft everything tailored to you.

• Review, sign with witnesses, and store securely.

Most clients complete everything in 1–2 weeks.

​

16. What Makes a Will Legally Valid in NSW?

​

• In writing

• Signed by you (or someone in your presence and at your direction)

• Signed in the presence of two independent witnesses over 18 who are present at the same time

• You must have full mental capacity and understand the document

 

Remote audio-visual witnessing is allowed in limited circumstances. We can esnure compliance and add protective wording.

​

17. How Is Superannuation Handled in Estate Planning NSW?

 

Super is not automatically part of your estate. You need a Binding Death Benefit Nomination. Include it in your estate plan so that it flows to your intended beneficiaries (spouse, children, or legal personal representative) in the most tax-effective way.