Writing A Will And Estate Planning

Name: Lawpoint Lawyers
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Probate Lawyer Or Letters Of Administration

Home / Personal Matters / Lawyer for Wills and Probate / Wills and Estate Planning

A Will is a legal document where you record who you wish for your estate to be distributed to, who looks after your minor children, and who administers your estate when you pass away. A Will is an important estate planning tool and should be prepared by an expert lawyer for wills or estate planning lawyer to make sure that your wishes are carried out after you pass away. By appointing sharp legal minds for such an important task, you can minimise the chances of a successful challenge to your will after your passing.

Wills include information such as:

Who will be appointed as the executor of your estate to help manage it, and ensure your wishes are carried out;
Who you want to distribute your assets to (known as beneficiaries);
Who you want to receive any specific gifts such as a family heirloom or specific item of sentimental value;
How you would like your funeral to be arranged and whether you have any specific cultural or religious arrangements;
Who you want to be the guardian of your children aged under 18 years.

Why hire a Solicitor for your Will?

The preparation of a Will can easily be put off. Some people are daunted by what they see as a complex legal document. However, with the help of our expert wills and estate lawyers, the process of writing a will will be simple and stress free.

We have the necessary skills and knowledge to make sure that your wishes are reflected in the Will. We will advise you on specific options for your Will based on your personal circumstance and wishes.

Our team is well-equipped to handle all types of Wills., from simple to complicated asset structures. These include residential, investment or commercial real estate, cash, a moderate to large stock portfolio, business entities such as trusts, corporations and partnerships, motor cars, household furnishings, and personal items. Different types of assets are treated differently in a Will depending on the way in which the asset is owned and how it’s intended to be distributed.

Our expertise goes well beyond just writing a will. We consider the specific types of assets you hold and your personal circumstances to ensure that we offer a comprehensive wills and estate planning service. This may also include associated documents such as a power of attorney lawyer or enduring guardianship. We can provide advice on:

Simple wills through to very complex wills that incorporate testamentary trusts;
Asset protection strategies;
Business succession planning;
Superannuation, including self-managed superannuation funds; and
Family trusts

Although you can purchase your own Will Kit from a post office, newsagent, or the internet, these should be used with caution. Such kits can be inappropriate for your specific circumstances and may be more easily challenged in Court. It’s crucial to double-check everything you download complies with legal Will requirements in your locality.

Wills should be regularly updated

A Will should be updated if you experience important life events such as:

If you get married or commence a de-facto relationship;
If you separated, consulted a divorce lawyer;
If you have children or grandchildren;
If one of your nominated beneficiaries (such as a spouse or child) passes away;
If you have a significant change to your financial circumstances.

Storing your Will

In NSW, there is no public wills register. However, The solicitors for wills at Lawpoint can keep your Will and any associated documents such as a power of attorney in our safe custody. This is a service that we offer at no cost to our clients after preparing their Will.

When stored in our safe custody, your Will and other important documents are available for you on short notice. Your executor or power of attorney may also request the documents under certain circumstances, when required.

Can a Will be contested?

It is important to remember that no Will is safe from challenges by a person who believes they have been unfairly treated in a Will. If a beneficiary receives less than others, or in some case, if a person is left out of a Will entirely, due to the Succession Act 2006, if they are an “eligible person”, contesting a will will be an option for them. An eligible person includes a spouse or child of a deceased person.

However, with the help of an experienced estate planning lawyer, you can ensure that your Will is drafted in such a way that it gives the document the best chance of surviving a contested claim in court. There are some safeguards that our experienced lawyers can help you enforce to try and guard against such a claim.

In addition to contesting a will, a Will can also be challenged on the basis that the Will is an invalid document. Grounds for challenge include:

Undue influence;
Lack of capacity; and
Fraud

Our team of wills and estate lawyers are experienced in such claims and can therefore ensure that precautions are taken at the time of preparing your Will to minimise the chances of a successful challenge to your will.

Costs

In the vast majority of cases, we offer fixed pricing for wills and associated estate planning documents such as power of attorney or enduring guardianship documents. Costs are disclosed upfront so that you have the peace of mind of knowing what costs you will incur.

Liability limited by a scheme approved under Professional Standards Legislation. Legal practitioners employed by Lawpoint Lawyers Pty Ltd ABN 35 465 218 304 are members of the scheme. This post provides a general overview and should not to be relied upon as legal advice or as a substitute for legal advice or as giving rise to a solicitor / client relationship. If you want advice specific to your circumstances, please contact us to arrange an appointment.

Frequently Asked Questions

Please remember that this information is not legal advice. It should not replace legal advice. If you require legal advice, please contact Lawpoint.

How much does it cost to write a Will?

At Lawpoint, we offer fixed-fee pricing on Wills, depending on whether a Will is simple or complex .

Will type

Best For

Lawpoint fee

Simple Will

Standard assets like a home, investment property, small share portfolio, superannuation etc.

Doesn’t involve complex corporate structures, businesses or trusts.

Doesn’t require the establishment of complex testamentary trusts.

$800 plus GST

Storage in safe custody is complimentary.

Complex Will

Significant wealth and asset portfolios

Complex trust structures

Overseas assets

Testamentary trusts required

Usually on a time spent basis, with estimates provided upfront based on individual circumstances

Storage in safe custody is complimentary.

TL;DR: Lawpoint offers fixed free pricing on Wills starting at $800 ex GST for simple Wills – a very affordable rate for a thorough, legally binding Will that will give you the peace of mind that your wishes will be valid and carried through when you die.

Where do I store my Will?

Once your Will is complete, you have the option of keeping your Will in Lawpoint’s Safe Custody at no extra cost.

In this case, make sure your family knows that we are holding your Will. We will only release it once we have received a death certificate or with your express authority prior to death.

Alternatively, you may store your will in a safe and secure place with your other important papers.

TL;DR: Lawpoint can keep your Will in safe custody if you wish, at no extra cost. However, what is of utmost importance is that it securely stored and your executor knows its location so that it can be retrieved when needed.

What constitutes a complex Will?

Complex Wills typically involve complex business and corporate structures, including trusts, multiple properties or properties owned by corporate entities or trusts or overseas assets.

These situations require careful planning to ensure your wishes are legally documented and your estate is protected. Often, they may require amendments to other documents such as trust deeds. Our team has extensive experience in structuring even the most complex of Wills. 

TL;DR: A complex Will typically involves complex business, corporate and trust structures and even overseas assets and requires an expert lawyer for wills.

Have more questions?

Read more FAQs about Wills & Estate Planning matters.

My 95 years old mother decided to change her original will (also done at Lawpoint).

It was a slow process but Romeo was always very professional, helpful, considerate and patient. My mum is very satisfied with the service she received and recommends the legal firm.

Mariehelene Malecki

My 95 years old mother decided to change her original will (also done at Lawpoint).

It was a slow process but Romeo was always very professional, helpful, considerate and patient. My mum is very satisfied with the service she received and recommends the legal firm.

Mariehelene Malecki

Why choose Lawpoint?

Clear Communication

Expect clear and simple communication that will alleviate the stress of a legal matter and assist in making good decisions.

Care

We understand how sensitive this time can be. Lawpoint will guide you through the will-making or probate process with open ears and continuous support. We work hard to create an environment where clients feel valued and cared for.

Determination

We fight determinedly for all of our clients. No matter is too big or too small. We have an extensive network of like-minded barristers who we can call on when required.

Efficiency

Sharp legal minds means more efficient lawyers. Our team works strategically towards client-oriented outcomes. We aim to resolve all cases in an efficient and cost-effective manner. 

Integrity

We take a 360-degree transparent approach to our services. We are accountable to our clients and always provide costs agreements.

Clear Communication

Expect clear and simple communication that will alleviate the stress of a legal matter and assist in making good decisions.

Care

Integrity

We take a 360-degree transparent approach to our services. We are accountable to our clients and always provide costs agreements.

Efficiency

Sharp legal minds means more efficient lawyers. Our team works strategically towards client-oriented outcomes. We aim to resolve all cases in an efficient and cost-effective manner. 

Determination

We fight determinedly for all of our clients. No matter is too big or too small. We have an extensive network of like-minded barristers who we can call on when required.

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Writing A Will And Estate Planning​

Probate Lawyer Or Letters Of Administration​

Why hire a Solicitor for your Will?

Wills should be regularly updated

Storing your Will

Can a Will be contested?

Costs

Frequently Asked Questions

Please remember that this information is not legal advice. It should not replace legal advice. If you require legal advice, please contact Lawpoint.

Have more questions?

Why choose Lawpoint?

Clear Communication

Care

Determination

Efficiency

Integrity

Clear Communication

Care

Integrity

Efficiency

Determination

Related Services

News & Views

The best legal help starts here

Business Matters

Personal Matters

Writing A Will And Estate Planning

Probate Lawyer Or Letters Of Administration