Estate Planning Lawyers in Cronulla, Menai and Sydney CBD

A correctly drafted Will is the foundation of any estate plan. We prepare Wills that do far more than simply divide your assets; we structure them to provide asset protection, potential tax benefits for beneficiaries (depending on their circumstances), and certainty for your beneficiaries. For more complex estate planning needs, we offer tailored solutions, including Testamentary Trust Wills and Capital Protected Testamentary Trust Wills, designed to preserve wealth and provide long-term protection for your beneficiaries. Testamentary trust structures within a Will may offer certain asset protection benefits

A testamentary trust is a trust created within your Will that only comes into effect on your death. It may reduce the tax payable by your beneficiaries (depending on their circumstances), help protect assets from creditors and relationship breakdowns, and provide a structure for managing inheritances for minor children or vulnerable beneficiaries. Our experienced lawyers, including Accredited Specialists in Wills and Estates, advise on whether a testamentary trust is right for your circumstances.

An Enduring Power of Attorney (EPOA) appoints someone you trust to manage your financial and legal affairs if you lose capacity, whether through illness, accident, or age. Without one in place, your family may need to apply to the NSW Civil and Administrative Tribunal (NCAT) for authority to act on your behalf, which can be costly and time-consuming. We prepare EPOAs under the Powers of Attorney Act 2003 (NSW).

An Enduring Guardian is the person you appoint to make medical and lifestyle decisions on your behalf if you cannot make them yourself. This includes decisions about where you live, what medical treatment you receive, and how you are cared for. It is a separate document from your EPOA and equally important.

Your superannuation does not automatically form part of your estate; it sits outside your Will and is distributed at the trustee’s discretion unless you have a valid binding death benefit nomination in place. We advise on how to help ensure your super passes to the right people and in a tax-considered way, particularly for self-managed super funds (SMSFs).

How your assets are owned and structured directly affects how well they are protected, both during your lifetime and after death. We advise on structuring ownership of assets to help reduce exposure to potential creditors, relationship breakdowns, and claims against your estate.

If you own a business, your estate plan must address what happens to it when you die or lose capacity. We advise on business succession structures, including shareholders’ agreements, buy-sell arrangements, and testamentary provisions for business interests, helping provide for the protection of your business and family interests.

Certain estate planning structures provide significant taxation advantages for beneficiaries. Testamentary trusts in particular can allow adult beneficiaries to receive income at lower marginal tax rates, and minor children to receive income taxed at adult rates.

Life changes, including marriage, divorce, the birth of children, acquiring property or a business, or the death of a beneficiary or executor, can all make an existing Will inadequate. We recommend reviewing your estate plan every three to five years or whenever your circumstances change significantly.

Your Will is the only legal document in which you can nominate a guardian for your minor children. Without a nominated guardian, a court will decide who raises your children. This is one of the most important decisions in any parent’s estate plan.

Eligible people, including former spouses, de facto partners, children, and certain dependants, can make a family provision claim against your estate under the Succession Act 2006 (NSW). We advise on structuring your estate plan to minimise the risk of a successful challenge.

Assets held by companies, discretionary trusts, and self-managed super funds are not automatically covered by your Will or Power of Attorney. We advise on how to ensure these structures are incorporated into your broader estate plan.