Frequently Asked Questions

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.​

If you die without a valid will, NSW intestacy laws decide who inherits your estate. That may not match your wishes. It can also delay estate administration and add stress for your family. We can help you put a clear will in place.

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.

Estate planning helps you decide how your assets and personal wishes should be handled. It can include wills and other planning steps that help protect your family’s future.

Yes. We can draft a new will that reflects your wishes, your family situation, and any specific instructions you want included. We will explain your options clearly and prepare the documents for you.

Yes. We provide fixed-fee estate planning for many matters. You get clear pricing before work starts, along with advice tailored to your circumstances. This can suit straightforward wills as well as more detailed planning.

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.​

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.

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.

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.​

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.

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.

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

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.

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.

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.

In writingSigned 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 timeYou must have full mental capacity and understand the documentRemote audio-visual witnessing is allowed in limited circumstances. We can ensure compliance and add protective wording.

We offer fixed-fee wills for many matters, so you know the cost upfront. The fee depends on the complexity of your instructions and estate planning needs. We will explain the price before you proceed.

Yes. Many clients prefer online or telephone appointments. We also welcome clients from Nowra, Vincentia, Santuary Point and across the Shoalhaven.

Yes. If you already have a will, we can review it and update it where needed. You should consider a review after major life changes such as marriage, separation, children, new assets or a business.

Evans Wills And Estates Lawyers offers comprehensive legal services tailored to wills and estates law in Australia, including drafting and reviewing wills to ensure your assets are distributed according to your wishes. They provide estate planning advice to protect your family’s future, assist with establishing powers of attorney and enduring guardianships for decision-making during incapacity, and manage estate administration following a loved one’s passing. Their expertise also covers probate applications, resolving disputes related to wills and estates, and providing fixed-fee solutions for clear, personalised service in the Jervis Bay and Shoalhaven regions. This ensures clients receive professional guidance that aligns with current Australian laws and their specific family and financial circumstances.

At Evans Wills And Estates Lawyers, we create personalised strategies to minimise estate and capital gains taxes while protecting and transferring your assets as per your wishes. This includes establishing testamentary trusts, using lifetime gifting strategies, and structuring your will for tax exemptions. We offer clear, fixed-fee guidance to safeguard your family's financial future and optimise tax efficiency. Engaging our team early helps reduce potential tax liabilities on your estate.

A testamentary trust is a legal arrangement established through a will that comes into effect upon the death of the testator. In Australia, it allows the deceased’s estate to be managed by a trustee on behalf of designated beneficiaries, providing flexibility in the distribution of assets, potential tax benefits, and protection for vulnerable or minor beneficiaries. At Evans Wills And Estates Lawyers, we specialise in creating testamentary trusts tailored to your family’s unique circumstances and goals. Our personalised fixed-fee service ensures that your testamentary trust is carefully structured to protect your loved ones’ financial future, minimise estate taxes, and maintain control over how assets are managed and distributed after your passing. We provide clear guidance through each step, ensuring your estate plan reflects your wishes while complying with Australian law.

For expert legal advice on estate tax in New South Wales, it is essential to consult a specialist wills and estates lawyer who understands the complexities of local laws and tax implications. At Evans Wills And Estates Lawyers, based in Jervis Bay and Shoalhaven, we provide personalised, fixed-fee estate planning services tailored to protect your family’s future. Our experienced team can guide you through the nuances of estate tax, help minimise tax liabilities where legally possible, and ensure your estate plan complies with NSW regulations. Contact us for comprehensive advice and strategies designed specifically for your circumstances, so you can have confidence in your estate’s administration and tax obligations.

At Evans Wills And Estates Lawyers, you can have a will drafted quickly and efficiently with personalised, fixed-fee services tailored to your needs. As specialist Wills and Estates lawyers based in Jervis Bay and Shoalhaven, we understand the importance of protecting your family’s future without unnecessary delays. Our streamlined process allows you to receive expert advice and a legally sound will within a short timeframe, ensuring peace of mind. By choosing us, you benefit from professional, clear communication and a commitment to delivering prompt, reliable estate planning solutions throughout New South Wales. Contact us directly to discuss your circumstances and start your will drafting process without delay.

Evans Wills And Estates Lawyers is a trusted provider of specialist estate planning services in the Shoalhaven region, including Jervis Bay. Our experienced team offers personalised, fixed-fee solutions designed to protect your family’s future through comprehensive wills, trusts, and estate administration. We understand the unique needs of local residents and provide professional guidance to ensure your estate plan reflects your wishes and complies with legal requirements. Contact us to secure peace of mind with tailored legal advice and dedicated support throughout the estate planning process.

Yes, Evans Wills And Estates Lawyers provide a free initial consultation for clients seeking wills and estate planning services in Nowra. As a specialist Wills and Estates law firm serving the Jervis Bay and Shoalhaven regions, they offer personalised, fixed-fee solutions designed to protect your family’s future. This free consultation allows you to discuss your specific needs with an experienced estate planning attorney, understand your options, and receive tailored advice without any upfront cost.

Evans Wills And Estates Lawyers, based in the Jervis Bay and Shoalhaven region, provide expert wills and estates legal services tailored to clients in Nowra. As a specialist Estate Planning Attorney, they focus on delivering personalised fixed-fee solutions designed to protect your family’s future. Their comprehensive services include drafting legally sound wills, establishing enduring powers of attorney, administering estates, and offering strategic advice to ensure your assets are managed according to your wishes. By working closely with clients, Evans Wills And Estates Lawyers ensure clarity, peace of mind, and a straightforward legal process, making them a trusted choice for wills and estates matters in the Nowra area.

Creating a testamentary trust in New South Wales involves including specific provisions within your will to establish the trust upon your death. At Evans Wills And Estates Lawyers, we guide you through this process by first understanding your family circumstances and objectives to tailor the trust accordingly. The trust is created through clear instructions in your will, appointing a trustee to manage the trust assets for the benefit of your chosen beneficiaries, often providing protection against creditors or controlling asset distribution over time. We ensure that the testamentary trust complies with New South Wales laws and meets your estate planning goals, offering personalised fixed-fee solutions for peace of mind. Our comprehensive service includes drafting the trust terms, advising on trustee responsibilities, and addressing potential tax implications, helping to secure your family’s financial future effectively.