It is important to plan for the future and be prepared for the unexpected.

We can assist with the preparation of Wills, Enduring Power of Attorneys and Appointments of Enduring Guardian.


A will is a legal document with instructions as to who you wish to leave your assets to when you die. A will includes who you wish to appoint as your executor to manage your estate and distribute your estate in accordance with your wishes. You can also include direction as to how you wish for your body to be disposed of such as cremation or burial.

If you do not have a valid will at the time of your death, then any assets you own will be distributed in accordance with the law and not necessarily how you wish.

A will is necessary if you wish to have any say in how your assets are to be divided. You may also include direction in your will as to who you wish to have the care of your minor children if you die before they reach the age of 18.

If you die without a will in New South Wales, you will be considered to have died ‘intestate’ and your estate will be distributed in accordance with the intestacy rules without any direction by you. You will also have no say in who you wish to have the care of your minor children if you die prior to them reaching the age of 18. In addition, without a will, making an application to the court to administer your estate is a lot more time consuming and costly for those having to make the application.  

Having a will in place not only ensures that your estate is distributed in accordance with your wishes, but it makes the job a lot easier for your loved ones. 


A Power of Attorney is a powerful legal document that gives a person(s) the legal authority to make decisions on your behalf in relation to your legal and financial affairs. There are two types of Power of Attorney documents being a General Power of Attorney and an Enduring Power of Attorney

A General Power of Attorney is only valid while you have capacity and becomes invalid when you die or when you lose the mental capacity to make your own decisions.

 An Enduring Power of Attorney continues to be valid even if you lose capacity to make your own decisions, however, becomes invalid when you die.

Whether you decide to have a general Power of Attorney or Enduring Power of Attorney, it is extremely important to only appoint someone that you trust completely as your attorney because your attorney will have the power to act on your behalf in relation to your legal and financial affairs. This includes for example, managing your banking, signing documents and paying bills.

A Power of Attorney is the type of document that you set up in preparation for the unexpected. If you wait until something happens to prepare a Power of Attorney, you may be leaving it until it is too late.

If you lose capacity and do not have an Enduring Power of Attorney in place, no one is able to manage your legal and financial affairs. Someone would need to apply to the New South Wales Civil and Administrative Tribunal to be appointed as your financial manager and this may be someone you do not necessarily wish to be appointed. It is therefore important you make that decision yourself by having the right documents in place and before you lose capacity.


Advance Care Directive is a legal document that provides direction to your loved ones as to your healthcare when you cannot make a decision due to your capacity.



Testamentary trusts are created by a will and can be a great estate planning strategy depending on your circumstances.

One of the financial advantages of a testamentary discretionary trust is that minor beneficiaries (under 18 years of age) are taxed at the normal marginal rates so that the first $18,200 of income paid to a minor beneficiary is tax free. This differs with the imposition of the maximum marginal rate of tax on income received by a minor beneficiary in normal circumstances.

In addition to the above, creating a testamentary trust is a great way to provide further asset protection.

Please contacts us on (02) 4944 2008 to find out more about the advantages of setting up a testamentary trust and whether you could benefit from a testamentary trust depending on your circumstances.



Did you know that superannuation does not automatically form part of your estate when you die?
Superannuation is governed by the Superannuation Industry (Supervision) Act 1993 and the trustee of your superannuation fund is not bound to follow any directions as to superannuation in a person’s will. There are also strict rules around who can benefit from your superannuation to when you die, which includes:

  • Your spouse;
  • Children (both minor and adult);
  • People living in an interdependent relationship with you at the time of your death;
  • Your personal legal representative (usually the executor of your estate on trust for your estate).

An interdependent relationship means two people that are living together in a close personal relationship, one or each of whom is providing the other with financial support and domestic support and personal care.

To ensure that your super goes to those you wish, it is important to have a valid binding death benefit nomination in place. Generally, binding death benefit nominations lapse after 3 years and need to be renewed. However, some superannuation funds allow non-lapsing binding death benefit nominations.

If a valid binding death benefit nomination is made to a person’s legal personal representative, the superannuation will then be distributed in accordance with that person’s will.

When undertaking an estate plan, we ensure to look at everything as a whole to make sure your assets go to the people you want.