Estate planning and Wills

Pass on your wealth to the people you love.

You know you need to get your estate in order – but whenever you sit down to think about it, you are not sure where to start, and it is easy to put aside. The difficulty is that every year you leave it, your affairs get more complex and the risk of getting it wrong increases. Without a comprehensive plan, important assets may not end up where you intend, and the people you care about may face unnecessary cost, delay, and dispute. We help you move through this process with clear guidance at every step – turning a task you have been avoiding into a plan you can feel genuinely settled about.

Estate planning that actually reflects your wishes

A comprehensive estate plan does more than put a Will in place – it addresses where each of your assets will go, who will administer your estate, how business interests, trusts, superannuation, and life insurance interact with your will, and what happens to your wealth if your intended beneficiaries predecease you. We help you work through all of it, in a structured and practical way.

What is included in a comprehensive estate plan?

A comprehensive estate plan goes well beyond a Will. It addresses how each category of asset passes on your death – including assets held in trusts, superannuation death benefits, jointly held property, and life insurance. It includes the appointment of an executor and, where appropriate, a testamentary trust to protect assets passed to beneficiaries. It considers what happens to business interests and how co-owners or business partners are affected. It also coordinates your incapacity planning – enduring powers of attorney and guardianship – so that your affairs are protected while you are alive as well as after your death.

What happens if I die without a Will in Australia?

Dying without a valid Will is called dying intestate. When this happens, your assets are distributed according to the intestacy rules of the state in which you live – a legislated formula that determines who inherits and in what proportions. The intestacy rules do not take into account your specific wishes, your relationships, or the particular circumstances of your beneficiaries. Depending on your family structure, the outcome can be significantly different from what you would have chosen. Assets held in certain structures – including family trusts and superannuation – may not pass under the intestacy rules at all, and without binding nominations or trustee decisions in place, those assets face a separate and unpredictable outcome.

Does my Will cover assets held in a family trust or superannuation?

No. Assets held in a discretionary family trust are not your personal assets – they belong to the trust, and what happens to them on your death depends on the trust deed and who takes over as trustee. Your Will does not govern the trust’s assets. Similarly, your superannuation does not automatically pass under your Will. The trustee of your superannuation fund has discretion over who receives your death benefit unless you have a valid binding death benefit nomination in place. Without a binding nomination, your super may go to someone other than your intended beneficiary. A comprehensive estate plan addresses both of these issues explicitly.

How often should I review and update my Will?

Your will should be reviewed whenever your personal or financial circumstances change significantly – including marriage, separation, divorce, the birth of children or grandchildren, the acquisition or disposal of major assets, changes to your business structure, or the death of an executor or beneficiary you have named. As a general rule, reviewing your estate plan every three to five years is prudent even if no major events have occurred, because laws change and your circumstances evolve. A will that was appropriate when it was made may not adequately reflect your current wishes or asset structure.
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Pass on your wealth to the people you intend

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Avoid costly government interference

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Lay the foundations for long-term financial security

Ready to get your estate in order?

Speak with one of our experienced estate planning lawyers about putting a comprehensive plan in place.

Where will your hard-earned wealth end up?

You know you need to put in place legal documents to pass on your wealth. You are not sure where to start or whether the effort will be worthwhile. And to be honest, you would rather not think about it at all.
Avoiding Ambiguity in Your Will: Double Gifting

You have made sacrifices to build your wealth. Make sure the effort was worthwhile.

You have been successful in business and have accumulated a material amount of wealth. You have a rough idea of who you want to benefit – but your affairs are more complex than a basic Will can handle. There are family trusts, business interests, superannuation, life insurance, and a mix of jointly and individually held assets.

You know that without a comprehensive plan, some of what you have built will not end up where you intend. You just have not found the time or the motivation to work through it properly. The longer it stays undone, the more uncomfortable that feeling gets.

What's included in your estate planning service

Leaving things to chance is not an option.

Dying without a comprehensive estate plan does not mean your assets are distributed according to your wishes – it means they are distributed according to the government’s rules, which were designed for a generic family structure and take no account of your specific circumstances or relationships. If you have no Will, the intestacy rules decide who inherits, and they rarely align with what you would have chosen.

Business interests without a succession plan can be frozen at death, creating immediate operational and legal problems for partners or co-directors.

Family trusts and superannuation do not pass under a Will at all – without separate binding nominations and trustee decisions, those assets can end up in the wrong hands regardless of how carefully the Will itself is drawn.

How we build your estate plan

We start by understanding your complete financial picture – your assets, how they are held, what currently happens to each of them on your death without intervention, and where the gaps in your current planning are.

We advise on the right structure for your will, who should be appointed as executor, and how your business interests, trusts, and superannuation should be coordinated so that everything points in the same direction.

We draft comprehensive and robust documents that reflect exactly what you want to achieve, and we take the time to make sure you understand what you are signing and what to review when your circumstances change. By the time your estate plan is complete, you have something you can feel genuinely settled about.

Your path to peace of mind

Follow these simple steps to get your estate planning in order.

1

Understand your position

We review your assets, how they are held, and what currently happens to each of them on your death - and identify where the gaps in your planning are.

2

Formulate your strategy

We advise on the right structure for your Will, executor appointment, and how your business interests, trusts, and superannuation should be coordinated.

3

Document the plan

We prepare comprehensive and robust estate planning documents that reflect exactly what you want to achieve, and that will stand up when they are needed.

Experienced estate planning lawyers ready to get your affairs in order.

We understand that you do not want to think too deeply about your own death – that is completely normal, and it is exactly why so many people with complex affairs leave their estate planning undone for longer than they should.

We also know what it feels like to have it done: the genuine sense of relief that comes from knowing the people you care about are properly provided for and your wealth will reach them without unnecessary cost, delay, or dispute.

Over the past 25 years, we have helped thousands of successful people put comprehensive and robust estate plans in place. Our lawyers include Accredited Specialists in Business Law, Fellows of the Society of Trust and Estate Practitioners, and Accredited Family Business Advisers.

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We understand you want to know the cost, before we get started.

We will map out our process, from beginning to end, so you know what the journey will look like before you get started.

We will provide you with a clear and detailed Work Proposal covering each step along the way.

Our fair fees are all-inclusive. No hidden costs for telephone calls, emails, photocopying, couriers, or coffee.

Our great lawyer guarantee

We want to be part of your team over the long term. We achieve this by adhering to these core principles:

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Take the time

We listen carefully to understand what you want to achieve. Then we thoroughly explain our advice and step you through the documents. You can be sure you know the full consequences.

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Share our knowledge

We will pass on as much knowledge as we can, so you can make your own informed decisions. We want to make you truly independent.

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Stick to our knitting

We only do what we're good at. You can be confident that we know what we're doing and don't pass on the cost of our learning.

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Work as one team

Someone will always be available to answer your questions, or point you in the right direction. You will also benefit from a range of perspectives and experience.

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Fair pricing

For advice and documents, we provide a fixed or capped quote so you don't take price risk. If you're in a dispute, we map out the process and costs so you know what to expect.

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It's your show

We're not in this for our egos. We're in it for a front row seat to witness your success.

Take the first step

Call us now to book an appointment with one of our experienced estate planning lawyers and discuss how to put a comprehensive estate plan in place.

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