Estate Planning Lawyers in Cronulla, Menai and Sydney CBD

Expert Estate Planning Advice for Families and Individuals Across the Sutherland Shire and Sydney

Planning for the future is one of the most important steps you can take to protect your family, your assets and your wishes.

At Southern Waters Legal, our experienced estate planning lawyers provide clear, practical advice tailored to your circumstances. With two Law Society of NSW Accredited Specialists in Wills & Estates Law, our team assists clients across Cronulla, Menai, Sydney CBD and the wider Sutherland Shire with Wills, testamentary trusts, Powers of Attorney, Enduring Guardianship appointments and complex estate planning matters.

We take the time to understand your family circumstances, assets, business interests and future wishes, helping you put the right arrangements in place to protect what matters most.

Whether you need a straightforward Will or a comprehensive estate plan involving trusts, superannuation or business succession, our team can guide you through the process with confidence and clarity.

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Southern Waters Legal's Estate Planning team, providing trusted advice on wills, estate planning, probate and estate administration.

Simon Bennett - Managing Director and estate planning lawyer, Southern Waters Legal Cronulla

Estate planning consultation — Southern Waters Legal Sutherland Shire

A Southern Waters Legal estate planning lawyer meeting to discuss wills, estate planning and succession planning.

Our Experts in Estate Planning can advise you on:

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Wills

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

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Testamentary Trust Wills

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.

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Enduring Power of Attorney

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).

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Appointment of Enduring Guardian

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.

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Superannuation and Estate Planning

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).

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Asset Protection

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.

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Business Succession Planning

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.

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Reducing Tax

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.

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Will Review

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.

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Children’s Guardians

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.

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Protecting Your Estate from Challenges

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.

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Controlled Entities

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.

Accredited Specialists in Wills and Estates

Southern Waters Legal has two lawyers who hold Specialist Accreditation in Wills & Estates Law, the highest form of recognition for solicitors in this area of law in New South Wales, and a distinction held by very few solicitors across the state.

Adeline Schiralli and Janette Kveytel, both Special Counsel at Southern Waters Legal, are Accredited Specialists in Wills & Estates Law. Adeline also holds Specialist Accreditation in Elder Law, further strengthening the firm’s expertise in legal matters affecting older Australians.

This means your estate plan is prepared with the benefit of specialist knowledge, skill and experience, extending beyond standard Wills to complex estate planning matters involving trusts, superannuation, business interests and the legal considerations associated with ageing and later-life planning.

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Estate Planning Solicitors and Accredited Specialists at Southern Waters Legal in Meeting

Ready to Protect Your Family's Future?

A simple conversation today can provide certainty and peace of mind for years to come.

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FAQ

FREQUENTLY ASKED QUESTIONS

Do I need more than just a Will?

A Will is essential, but for most people, it is only one part of a complete estate plan. Depending on your circumstances, you will also need an Enduring Power of Attorney (to manage your affairs if you lose capacity during your lifetime), an Appointment of Enduring Guardian (to make medical and lifestyle decisions for you), and potentially a testamentary trust structure within your Will. If you own a business or have superannuation, additional structures are usually required.

What is a testamentary trust Will and do I need one?

A testamentary trust creates a trust within your Will that activates on your death. It allows your beneficiaries to receive their inheritance through a trust rather than outright, which can reduce income tax, protect assets from creditors, and provide a structure for managing inheritances for children or vulnerable beneficiaries. Whether you need one depends on the size and nature of your estate, your family structure, and your goals. Our team of experienced lawyers, including Accredited Specialists, can advise.

Is my superannuation covered by my Will?

No, your superannuation sits outside your estate and is not automatically governed by your Will. It is distributed by the superannuation fund trustee, who has discretion to pay it to any eligible dependant. To ensure your super passes to the right person in a tax-effective way, you need a valid binding death benefit nomination. We advise on this as part of every estate plan.

What happens if I die without a Will in NSW?

Dying without a Will is called dying ‘intestate.’ Your estate is distributed according to a fixed statutory formula under the Succession Act 2006 (NSW), which may not reflect your wishes. If you have a partner who is not legally married to you, minor children, or assets held in complex structures, the consequences of dying intestate can be significant. We strongly recommend having a properly drafted Will in place.

How often should I review my estate plan?

We recommend reviewing your estate plan every three to five years, or sooner if you experience a significant life change, including marriage or de facto relationship, separation or divorce, the birth of a child, purchasing property, starting or selling a business, or the death of a beneficiary, appointed executor or guardian. We hold your original documents in safe custody and can alert you when a review is due.

What does an estate planning lawyer do?

An estate planning lawyer helps you make arrangements for how your assets and affairs will be managed during your lifetime and after your death. This may include preparing a Will, establishing testamentary trusts, appointing an attorney or enduring guardian, and considering superannuation, business interests and family circumstances.

Why choose an Accredited Specialist in Wills & Estates Law?

A Law Society of NSW Accredited Specialist in Wills & Estates Law has demonstrated advanced knowledge, skills and experience in this area of law through a formal accreditation process. Working with an Accredited Specialist can be particularly valuable when your estate planning involves complex family circumstances, trusts, superannuation or business interests.

Where are your estate planning offices?

Our estate planning solicitors operate from our Cronulla office (Suite 2, 1 Kingsway, Cronulla NSW 2230), our Menai office (Unit 7, 72–80 Allison Crescent, Menai NSW 2234), and our Sydney CBD office (Level 11, Suite 2A, 92 Pitt Street, Sydney NSW 2000). We serve clients across the Sutherland Shire, including Miranda, Caringbah, Gymea, Engadine, Sylvania, Kirrawee, Sutherland, and surrounds.

How much does an estate plan cost at Southern Waters Legal?

Our initial estate planning consultation is available at a fee which is credited toward the cost of your estate plan if you proceed. The cost of your estate plan depends on its complexity; a straightforward Will and Powers of Attorney is priced differently from a full testamentary trust estate plan. We provide a clear fee estimate at your initial consultation before any work begins.

Book an estate planning consultation — Southern Waters Legal Cronulla

Our Estate Planning team serves clients across Cronulla, Menai, the Sutherland Shire, and Sydney CBD. Time limits apply to many estate claims. If you are considering contesting a Will or have received notice of a claim, we recommend seeking advice promptly.

Consultations are available in person at any of our three offices or by phone and video call.

Enquire about estate planning in Cronulla, Menai or Sydney CBD

Flexible Funding for Estate Administration & Probate Matters

At Southern Waters Legal, we have partnered with JustFund to offer eligible estate clients access to flexible third-party funding options.

Through JustFund, approved legal fees and certain estate-related expenses may be funded upfront by an independent provider. Repayment is typically aligned with the timing of estate distribution, once assets are realised. This can help ensure the administration process progresses without unnecessary delay.

Funding may assist executors in managing legal fees, professional disbursements, property expenses or urgent creditor demands. In appropriate circumstances, it may also allow beneficiaries to access part of their inheritance earlier.

JustFund is an independent third-party funding provider. Southern Waters Legal does not provide loans or finance directly. Our role is to provide independent legal advice and guide you on whether funding may be appropriate in your situation.

By reducing financial barriers, we aim to help executors and beneficiaries move forward with clarity and confidence during what is often a difficult time.

You can read more about estate funding options here.

To discuss whether third-party funding may be suitable for your matter, contact our Estate Planning & Probate team or apply directly at https://justfund.com.au.

Our Estate Planning Solicitors

AREAS WE SERVICE

TESTIMONIALS

“Simon, Leona and all their staff dealt with my Estate Planning and Family Law matter in such a professional manner, I cannot thank them enough. The care and patience shown to me during the time of my matters was truly amazing! Again thank you all so much.”

Glen
Estate Planning & Family Law Client

“Thank you for your very friendly and professional help in getting all of our affairs sorted in such a short time. We are very glad we came to Southern Waters Legal, ad we’re really appreciative of the professional manner and advice with which we received.”

Wayne & Margaret
Estate Planning Client

“I have been a client of Southern Waters Legal for a number of years now. It is at specific times in our lives that we really value integrity and honesty in those we deal with. Simon, Leona and the team have helped me organise our affairs at a very tough time in my life, they have provided wise counsel, legal support and hand-holding as I went through the sale of my family home and moving to new premises. I have received possibly the best financial advice that is reaping rewards for me now. Thank you to a wonderful team of professionals. Thank you”

Anne
Property Client

“I used Leona and her team’s services during an extremely difficult and stressful period of my life. They were able to guide me through the steps required from beginning to end of divorce and financial settlement and set up a plan to follow that helped to take out a lot of the anxiety around not having control over the situation. I had 100% faith at all times in Leona and her team that my best interests were always taken into consideration and I was only contacted when needed to avoid being charged unnecessarily. These guys are the dream team and highly recommend them.”

Stephanie
Family Law Client

“Family law can be very daunting but Leona Bennett removed all the confusion of the ‘legal jargon’ and step by step walked me through the family court process. Leona made it simple and I always had a full understanding of what was happening and made clear decisions for the final outcome. Leona and her team were there for me, working their wisdom to always provide greater clarity and support.”

Cheryl
Family Law Client

I would like to extend my sincere thanks to you for your exceptional guidance and support throughout my property settlement and divorce.

Your expertise, strategic thinking, and calm command of the process were deeply reassuring, especially during the most difficult moments. What stood out even more was your unwavering commitment to acting ethically and with integrity, even when the other side did not extend the same courtesy. That strength of character meant a great deal to me and helped me stay anchored in a process that was often emotionally and morally challenging.

Thank you for being both a skilled advocate and a steady presence. I’m deeply grateful to have had you in my corner.

Madeline
Property Law Client

I would like to say a truly heartfelt thank you for everything you did yesterday. You went above and beyond, not just in terms of the legal work, which was so thorough and professional but in the way you showed such care, calm and kindness throughout.

“This has been an incredibly emotional and complex chapter of my life, and to have someone like you guiding the final stages made all the difference. You were steady, thoughtful, and incredibly responsive. I felt genuinely supported and looked after!

Thank you for helping me bring this to a close with grace and dignity. I’m so grateful our paths crossed.”

Maddie
Family Law Client

Estate Planning Lawyers in Cronulla, Menai and Sydney CBD

Expert Estate Planning Advice for Families and Individuals Across the Sutherland Shire and Sydney

Our Experts in Estate Planning can advise you on:

Wills

Testamentary Trust Wills

Enduring Power of Attorney

Appointment of Enduring Guardian

Superannuation and Estate Planning

Asset Protection

Business Succession Planning

Reducing Tax

Will Review

Children’s Guardians

Protecting Your Estate from Challenges

Controlled Entities

Accredited Specialists in Wills and Estates

Ready to Protect Your Family's Future?

A simple conversation today can provide certainty and peace of mind for years to come.

FAQ

FREQUENTLY ASKED QUESTIONS

Do I need more than just a Will?

What is a testamentary trust Will and do I need one?

Is my superannuation covered by my Will?

What happens if I die without a Will in NSW?

How often should I review my estate plan?

What does an estate planning lawyer do?

Why choose an Accredited Specialist in Wills & Estates Law?

Where are your estate planning offices?

How much does an estate plan cost at Southern Waters Legal?

Enquire about estate planning in Cronulla, Menai or Sydney CBD

Flexible Funding for Estate Administration & Probate Matters

Our Estate Planning Solicitors

Simon Bennett

Adeline Schiralli

Janette Kveytel

Annabelle Lloyd

Talesha-Blu Greeks

Katie Harrison

Caitlin Ellsmore

Yukti Manandhar

Simon Bennett

Adeline Schiralli

Janette Kveytel

Annabelle Lloyd

Talesha-Blu Greeks

Katie Harrison

Caitlin Ellsmore

Yukti Manandhar

AREAS WE SERVICE

TESTIMONIALS

About Simon Bennett

LEGAL INSIGHTS

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Selling Property in NSW? What Do You Need to Disclose to a Buyer?

Buying Property in NSW? Your Due Diligence Checklist Before You Commit

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