Experienced Wills and Estate Lawyers in Australia – Protect Your Legacy with Lawsworth

Will Drafting and Estate Planning

Planning ahead ensures your loved ones are cared for and your wishes are respected. Having a valid and up-to-date Will is essential to make sure your assets are distributed according to your intentions — not under a government formula that may not reflect your values or family circumstances.

Dying without a Will is known as dying intestate. In these circumstances, the laws of intestacy apply — a statutory formula that determines how your estate is distributed. This process does not consider your personal wishes or relationships and may lead to outcomes that do not reflect your intentions or family situation.

Our lawyers prepare clear, legally valid Wills and comprehensive estate plans tailored to your personal and financial circumstances. We can help you structure your assets to minimise tax, reduce the risk of disputes, and ensure a smooth transfer of wealth. Whether your estate is simple or complex, we work with you to create a plan that provides clarity, security, and peace of mind for you and your family.

Probate and Letters of Administration

When a loved one passes away, the estate often cannot be finalised until the court issues a grant of representation, giving someone legal authority to manage it. There are three main types:

Grant of Probate – issued when there is a valid Will and an executor able to act.

Letters of Administration – issued when there is no valid Will, and a next of kin is appointed to administer the estate.

Letters of Administration with the Will Annexed – issued when there is a Will, but the named executor cannot act.

Our probate and estate lawyers prepare the necessary documents, lodge the application with the court, and guide families through each step. All legal costs and filing fees are paid from the estate, not personally by the executor. We ensure every estate is administered lawfully, efficiently, and with care.

Contesting a Will/Estate Litigation/Intestacy

Disputes over a Will or estate can be stressful and often place strain on family relationships at an already difficult time. Our estate lawyers assist beneficiaries, executors, and dependants in contesting or defending estate claims, including matters involving intestacy.

If you’ve been left out of a Will or believe you’ve been treated unfairly, we can advise you on your rights and options. Likewise, if you’re an executor defending a claim, we’ll help protect the estate and ensure your legal obligations are met.

We aim to resolve disputes through negotiation or mediation wherever possible but are fully prepared to advocate in court when required. In some circumstances, the estate may bear the legal costs involved in resolving the dispute.

Powers of Attorney and Appointment of Medical Treatment Decision Maker

Appointing someone you trust to make decisions for you if you lose capacity is an important part of planning for the future.

A General Power of Attorney allows someone to manage your personal,  financial and legal affairs for a set period — for example, while you’re overseas — but it ends if you lose decision-making capacity.
An Enduring Power of Attorney continues to operate if you become unable to make decisions yourself, allowing your appointed attorney to handle your personal, financial and legal matters when needed most.

A Medical Treatment Decision Maker is authorised to make health and medical decisions on your behalf if you cannot do so, ensuring your treatment preferences are respected.

We prepare these documents to ensure your financial, legal, and medical affairs are managed according to your wishes. Our lawyers explain each option clearly so you can make informed, confident decisions about your future care and wellbeing.

Estate Administration and Asset Protection

administering an estate involves more than distributing assets — it also requires meeting legal, tax, and financial obligations. We guide executors and administrators through each stage, from collecting assets and paying debts to finalising distributions in accordance with the law.

While we do not provide financial advice, we recommend that executors seek appropriate advice on behalf of the estate to ensure compliance and protect its value. Our lawyers help safeguard assets such as real estate, superannuation, and investments, and assist in minimising risks such as disputes, separation, or third-party claims. We make the estate administration process clear, efficient, and well-supported, helping you meet your duties with confidence.

Superannuation and Life Insurance Nominations

Many people fail to realise that superannuation and life insurance don’t automatically form part of their estate. For this to occur, there must be a valid binding death benefit nomination (BDN) directing payment to your legal personal representative. Without one, the trustee of the superannuation fund decides how benefits are distributed, which may not reflect your wishes.

Special consideration is needed for self-managed super funds (SMSFs), where trustee powers and fund rules determine how benefits are paid. We help you prepare and update BDNs and align them with your overall estate plan to ensure your super and insurance are distributed as intended.