Wills, Trusts & Estate Planning
Whether you need a valid will, an enduring power of attorney, a testamentary trust, a grant of probate, or want to contest an estate under the Succession Act or Family Provision legislation — estate planning and estate disputes require specialist legal advice. Submit your request and get connected with a wills and estates lawyer.
⚠ If someone has recently passed away, an estate is being contested, or a power of attorney is needed urgently — mention it clearly in the form so your request can be prioritised.
What You Can Submit
From drafting a will and setting up an enduring power of attorney to contesting an estate and applying for probate — submit your matter and the right lawyer will follow up.
Preparing a legally valid will that accurately reflects your wishes — including testamentary trusts, specific bequests, guardianship of children, and executor appointments.
Appointing a trusted person to make financial and legal decisions on your behalf if you lose capacity — essential for effective estate planning at any age.
Appointing a guardian to make personal, lifestyle, and medical decisions on your behalf if you become unable to make those decisions yourself.
Applying for a grant of probate to administer an estate, or letters of administration where no valid will exists. Executor duties and estate distribution assistance.
Contesting a will on grounds of lack of capacity, undue influence, or fraud — and family provision claims where adequate provision has not been made for a dependant.
Setting up family trusts, testamentary trusts, and discretionary trusts as part of an estate plan — including advice on asset protection and tax-effective distribution.
Assisting executors with the full administration of an estate — including asset collection, debt payment, tax obligations, and distribution to beneficiaries.
Binding death benefit nominations, disputed superannuation death benefit claims, and advice on ensuring superannuation is distributed according to your intentions.
Documenting your wishes for medical treatment and end-of-life care — ensuring your preferences are known and legally documented when you cannot communicate them yourself.
When to Act
Many people put off estate planning thinking it is something to deal with later. But life changes — marriage, children, property, business — all create a need for updated planning.
Dying intestate — without a valid will — means your estate is distributed according to the intestacy provisions of the relevant state Succession Act, not your wishes. The statutory formula prioritises spouses and children but may disadvantage de facto partners, stepchildren, and other dependants. Marriage automatically revokes a previous will in most states; separation does not. A professionally drafted will with a testamentary trust protects assets for children and blended families.
Before an executor can deal with the deceased's assets — including transferring property, closing bank accounts, and paying debts — most financial institutions require a Grant of Probate from the Supreme Court. Where no will exists, Letters of Administration are required. The application process involves filing the original will, a death certificate, and an inventory of assets. Delays in obtaining probate can freeze estate assets for months.
Under family provision legislation in each state — including the Succession Act 2006 (NSW), Administration and Probate Act (VIC), and Succession Act 1981 (QLD) — eligible persons (spouses, de facto partners, children, and in some states former spouses and grandchildren) can apply to the court for a larger share of an estate. Time limits apply: typically 12 months from the date of death in NSW and QLD, and 6 months from the grant of probate in VIC.
An enduring power of attorney — financial and/or personal/medical — can only be validly executed while you have legal capacity to understand what you are signing. Once capacity is lost through dementia, accident, or illness, the only alternative is applying to the relevant Civil and Administrative Tribunal (VCAT, NCAT, QCAT) for a guardianship or administration order — a more expensive and time-consuming process that removes your own control over who is appointed.
A will can be challenged where the testator lacked testamentary capacity at the time of signing (Banks v Goodfellow (1870) remains the legal test in Australia), or where undue influence by another person overbore the testator's free will. Fraud and suspicious circumstances surrounding execution are also grounds. These challenges are complex, require expert medical and factual evidence, and are heard in the Supreme Court — early legal advice is essential to assess viability.
Business interests, self-managed superannuation funds, discretionary trusts, and jointly-held property do not automatically pass under a will — each requires specific planning. SMSF death benefits require binding death benefit nominations to direct payments. Testamentary trusts within a will provide asset protection and tax benefits for beneficiaries, particularly for minor children. Early estate planning for complex asset structures prevents disputes and tax inefficiencies that arise on death without proper documents.
How It Works
Describe what you need in plain language — whether it is a new will, a power of attorney, a probate application, or a disputed estate. A wills and estates lawyer will review and follow up.
Submit Your RequestSubmit the form with your contact details, state, the type of estates matter, and a brief summary. Mention any urgency — recent deaths, disputed estates, or capacity concerns.
Your matter is reviewed with the estate issue type, urgency, and location in mind so the right wills and estates lawyer can be identified.
A wills and estates lawyer contacts you to discuss your matter. Urgent situations — contested estates, probate delays, capacity issues — are treated as highest priority.
Information That Helps
The clearer your summary, the easier it is to match you with the right estate lawyer and assess any urgency.
Whether you need documents prepared (will, POA) or help with an existing estate.
If dealing with a deceased estate — the date of death and whether a will exists.
The approximate size and composition of the estate — property, super, business interests, investments.
Whether there are any disputes between family members or beneficiaries.
Whether probate has been applied for, and who has been appointed as executor.
Any time limits — family provision claim deadlines, grant of probate timelines.
If any of the following apply, include it clearly so your request can be flagged as urgent.
Submitting this form does not create a lawyer-client relationship and does not replace formal legal advice.
Coverage
Wills and estates requests accepted from all states and territories.
Wills & Estates Areas
Discovering that you’ve been left out of a loved one’s will, or that the terms don’t reflect what you expected, can be an unsettling experience on top of grief. In Australia, the law recognises that wills don’t always get it right — and in many cases, eligible people have options to challenge a will they…
Read more →Submit your request and a legal representative will be in touch to discuss your matter.
Submit Your Legal Request