Wills, Estate and Succession Planning Lawyers

Q: 10. What is an estate plan, and how is it different from a Will?

An estate plan is a comprehensive strategy for managing your assets both during your lifetime and after your death. It often includes a Will, powers of attorney, and other legal tools like enduring guardianship and trusts to ensure your assets are managed according to your wishes. A Will is just one part of an estate plan, which may also cover how you want your affairs handled in case of incapacity.

At Shore Lawyers, we take pride in being recognised as one of the leading law firms offering exceptional services for Wills and Estates in Sydney. Our dedicated team specializes in Probate, Letters of Administration, Wills, Powers of Attorney, Appointments of Enduring Guardians, Trusts, and Estate Planning. We understand that dealing with matters involving bereavement and death can be emotionally challenging, which is why we approach each matter with empathy, sensitivity, and the utmost professionalism. If you’re looking for the best will and estate lawyers in Sydney, Shore Lawyers is here to provide personalised solutions for your legal needs. Contact us today and let our expertise guide you through this difficult time.

Our wills and estate planning expertise

Family Provision Claims, Probate and Estate Litigation

If you have been left out of a will – you may have a claim against the estate - we can help you through the process of challenging the will.

We are expert in assisting you in bringing a claim against the estate. Our team of Wills and Estate Lawyers are experienced in all matters relating to estate litigation and approach all situation with sensitivity and care.

Sometimes a Will fails to provide for family members or dependants of the deceased or the provision left is completely inadequate to cater to the needs of a beneficiary. In that case, you may have a legitimate claim against the Estate to seek that provision be made from the Estate for your maintenance, education and advancement in life.

Sometimes the deceased is under the influence of someone who takes them to make a Will that does not reflect true wishes of the testator; or the deceased lacks the requisite legal capacity. If you believe this has happened, you may have a basis to challenge the Will. Please call us to make an appointment to discuss.

Grant of Probate or Letters of Administration

A grant of probate or letters of administration confirms the executor’s right to distribute the estate property in accordance with the Will or the law in the absence of a Will.

A Grant of Probate or Letters of Administration must be obtained if the deceased owned real property (house/land) or if a Bank or other authority requests one to release the assets of the deceased to the Executor. Obtaining such Grant requires the filing of an application with the Supreme Court. The filing fee is charged according to a legislated scale.

Estate property is generally available to be distributed to the entitled beneficiaries within 6 months from the date of death of the deceased or 30 days from the date of publication of the Notice of Intended Distribution of the Estate, whichever is later. Estate administration may be complicated when there is a Testamentary Trust in place, particularly if such Trust is intended to be on-going after the passing of the deceased, with residuary beneficiaries taking the balance of the Trust property when the main purpose of such Trust is fulfilled. Our experienced Probate staff have assisted many Executors with the administration of Estates. Please call us to discuss whether you need to obtain a Grant of Probate or Letters of Administration.

Enduring Guardianship

Appointment of an enduring guardian provides for a person to make lifestyle, health and medical decisions for you when you are not capable of doing this for yourself.

Your Enduring Guardian may make decisions such as where you live, what services are provided to you at home or at the hospital and what medical treatment you receive. An appointment of Enduring Guardian usually comes into force when you do not have capacity to make decisions for yourself. Enduring Guardianship can also be used to give advanced healthcare directions in critical medical situations that you would otherwise not be in a position to give due to lack of ability to do so.
If there is no such instrument at a critical time, it may be that a third party will be making decisions which would be contrary to your interests. Often clients have to resort to NCAT proceedings to be able to apply for care of their loved ones. Unfortunately, they are not always successful due to the stringent requirements of that jurisdiction. We understand that such uncertainty and unnecessary expense should be avoided.

We provide expert advice to our clients on appointing an Enduring Guardian.

Call us today to discuss appointing a Guardian. We offer a discount for preparation of an Enduring Power of Attorney together with Enduring Guardianship.

Succession Planning & Tax

It is important to consult with succession and estate planning lawyers and financial planners to create a tax savvy succession plan.

Succession Planning is the process of identifying and preparing individuals to take over key roles and responsibilities within an organisation or family business. It is crucial for individuals and businesses to have a well-thought-out succession plan to ensure continuity, develop and support talent in an organisation or family environment, mitigate risks and provide a level of asset protection. In relation to a business, succession planning also allows for retention of employees and smooth transition of leadership. Succession planning can have tax implications for both the organisation and the individuals involved, including Estate and gift taxes, capital gains tax, real and personal property transfer taxes, including stamp duty. Consulting with a tax professional can help identify the most tax-efficient structure for succession planning. We will work closely with your tax advisor to achieve the best possible outcome for you while guiding your through the legal complexities of effective succession planning. Call us today to enquire about our services.

Wills, Codicils and Testamentary Trusts

Our team of experienced solicitors knows the importance of having a well-drafted will that is kept up-to-date.

In the absence of professional advice when preparing a Will, there is a risk that the Will may not comply with the law and may not be valid. In certain situations an application to the Supreme Court may be made for a statutory Will to be put in place. Issues that must be addressed to achieve a testator’s objective in the Will can cause extra work for executors, and the Estate incurring legal fees to clarify ambiguities or your Will being declared invalid, resulting in an intestacy.

As experienced litigators, we have seen the issues that are often contested in courts over Wills that do not comply with the law (including the use of DIY Will Kits), and we have the expertise to navigate these pitfalls.

For elderly or disabled clients, we can come to your home or another suitable location. If required, we can engage with your doctor to ensure that proper documentation is prepared. Call us today, to make an appointment to draft your Will.

Enduring Power of Attorney and General Power of Attorney

Enduring power of attorney is created with the intention that it will stay in effect if you become mentally incapacitated or otherwise unable to make decisions on your own behalf.

This legal document gives you a peace-of-mind, knowing that someone you trust, such as a family member or a good friend, can take care of your financial affairs should you not be able to, on a particular occasion or some time later in your life.

A general power of attorney may be used for a limited purpose, e.g. if you travel overseas and need assistance in Australia to deal with your assets.
Should you lose capacity, your appointed attorney can go to the bank, pay your bills, and sell your property, if needed, to take care of you.

An attorney must only act in your best interests and cannot legally use your assets for their own benefit.

Make an appointment today, with one of our lawyers to complete your Enduring Power of Attorney or General Power of Attorney, in accordance with your requirements.

Trusts

Trusts (Discretionary, Fixed or Hybrid) are a useful tool in structuring your estate during your lifetime and achieving asset protection.

Effective estate planning during your lifetime by setting up Trusts can achieve tax savings and preservation of assets, in respect of vulnerable beneficiaries, for future generations or otherwise. Trusts are legal arrangements in which a Trustee holds legal title to the assets that it manages for the benefit of beneficiaries. There are different types of Trusts, including discretionary, fixed and hybrid Trusts.

In a discretionary Trust, the Trustee has discretion over how to distribute the Trust’s income and capital among the beneficiaries. This type of Trust allows flexibility and can be useful for asset protection and tax planning purposes. In a fixed Trust, each beneficiary is entitled to the specific proportion of the Trust’s income and capital which gives beneficiaries certainty of their entitlement in the Trust. A hybrid Trust combines features of a discretionary and fixed Trust.

We provide advice in asset structuring so as to enable the best outcome based on the size and complexity of the asset pool, including setting up a Trust structure that reflects your personal circumstances and wishes, giving you greater control over the distribution of your assets and liabilities during your lifetime and thereafter.

Elder Law, Elder Abuse , NCAT

Is someone you love being taken advantage of? Do they have diminished capacity and need their health or finances managed?

Sometimes a person has not anticipated how they will manage when they are very old and they have not appointed an Enduring Attorney or a Guardian. Older people are vulnerable to those who prey on them, taking advantage of their frailty.
We specialise in Elder law that covers a wide range of topics, including Estate Planning, Will preparation, provision for appropriate Testamentary Trusts, appointment of a Guardian to look after minor children should their parents pass away, appointment of an Enduring Guardian, long-term care planning, preparation of an Ensuring Power of Attorney, Advanced Healthcare Directions and Elder Abuse generally.

We are experienced in assisting with preparation of Applications for Financial Management and Applications for Guardianship to the New South Wales Civil and Administrative Tribunal and applications to have Financial Management orders reviewed.

Call us today to enquire about our services.

Our Professionals

Our professionals provide expert legal and strategic assistance. Get in touch and we’ll find the right lawyer for your matter.

What Our Clients Said…

FAQ's

1. What is a Will, and why do I need one?

A Will is a legal document that outlines how your property should be distributed after your death. It also allows you to appoint an executor to manage your estate, guardians for minor children, and express your wishes on your funeral arrangements. Without a valid Will, your Estate will be distributed according to the rules of intestacy, which may not reflect your wishes.

2. What happens if I die without a Will in Australia?

If you die intestate (without a valid Will), the law will decide how your Estate is distributed based on a statutory formula. Your assets may go to your closest relatives, such as a spouse, children, or parents, but it might not be distributed in the way you intended. Intestacy can also lead to longer delays and higher costs for your loved ones when managing your Estate.

3. Can I write my own Will in Australia?

Yes, you can write your own DIY Will, but it is recommended to have it professionally drafted or reviewed by a solicitor to ensure it meets all legal requirements. To be considered valid, a Will must be properly witnessed, signed, and drafted according to state laws. Mistakes in a DIY Will can lead to disputes and challenges after your death.

4. Who can be an executor of my Will?

An executor is a person you appoint in your Will to manage your Estate after you die. The executor must ensure your debts are paid, and your assets are distributed according to your Will. An executor can be:

A family member or trusted friend.
A solicitor or accountant.
A professional trustee company. It’s important to choose someone responsible and capable of handling the duties.

5. How often should I update my Will?

You should review and update your Will whenever there is a significant change in your life, such as:

Marriage, separation, or divorce.
The birth of children or grandchildren.
Acquiring or selling significant assets.
Changes in your relationships with beneficiaries or executors. In Australia, marriage automatically revokes a Will unless the Will was made in contemplation of marriage.

6. Can a Will be contested in Australia?

Yes, a Will can be contested if someone feels they were unfairly left out or not adequately provided for. This is known as a family provision claim. Eligible persons, such as a spouse, children, or dependants, can challenge the Will in court. Other common grounds for contesting a Will include claims of undue influence, fraud, or lack of testamentary capacity.

7. What is probate, and do I need it?

Probate is the legal process of validating a deceased person’s Will and giving the executor the authority to administer the Estate. The executor must apply for probate through the Supreme Court in the relevant state or territory. Probate is generally required if the estate includes substantial assets, such as property or large bank accounts. If there’s no Will, the executor will need to apply for letters of administration instead.

8. What is a power of attorney, and how does it relate to estate planning?

A power of attorney is a legal document that allows you to appoint someone to manage your financial or personal affairs if you become unable to do so. It is different from a Will, as it applies while you’re still alive. There are different types, including general and enduring powers of attorney, with the latter continuing to operate if you lose mental capacity.

9. What happens to my superannuation when I die?

Superannuation is not automatically included in your will, as it is held in a super fund. You can nominate a beneficiary for your superannuation directly with your fund. If no valid nomination is made, you superannuation will for part of your Estate to be distributed in accordance with your Will or the rules of intestacy.

10. What is an estate plan, and how is it different from a Will?

An estate plan is a comprehensive strategy for managing your assets both during your lifetime and after your death. It often includes a Will, powers of attorney, and other legal tools like enduring guardianship and trusts to ensure your assets are managed according to your wishes. A Will is just one part of an estate plan, which may also cover how you want your affairs handled in case of incapacity.

Wills, Estate and Succession Planning Lawyers

Our wills and estate planning expertise

Family Provision Claims, Probate and Estate Litigation

Grant of Probate or Letters of Administration

Enduring Guardianship

Succession Planning & Tax

Wills, Codicils and Testamentary Trusts

Enduring Power of Attorney and General Power of Attorney

Trusts

Elder Law, Elder Abuse , NCAT

Our Professionals

Tatiana (Tia) Stack

Rao Qasim Zahid

Madeleine Stevens

What Our Clients Said…

Lisa Huwaidi

Anna Kuang

Birth D

Nima Rayn

Junaid Shahid

Mo FD

Baljit Singh

FAQ's

Get IN TOUCH

Our Location

Call Us ON

Email Us