Planning Today for Peace of Mind Tomorrow
Planning for the future is one of the most responsible steps you can take to protect your loved ones.
Estate and wills law in Australia provides the legal framework to ensure that your assets are distributed according to your wishes after your passing. Whether you’re drafting your first will, updating an existing estate plan, or managing the affairs of a deceased loved one, understanding your legal rights and obligations is essential.
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Key Aspects of Estate and Wills Law in Australia
Making a Valid Will
A will is a legal document that outlines how you want your assets distributed after death. To be valid, a will generally must:
- Be in writing (typed or handwritten)
- Be signed by the testator (the person making the will)
- Be witnessed by two people who are not beneficiaries
If a person dies without a valid will (intestate), their estate will be distributed according to a statutory formula, which may not align with their personal wishes.
Executor Responsibilities
An executor is the person named in a will to carry out the deceased’s wishes. This role involves:
- Applying for a Grant of Probate (if required)
- Paying any debts and taxes
- Distributing assets to beneficiaries
- Keeping clear and accurate records
Choosing a trustworthy and capable executor is a key part of the estate planning process.
Powers of Attorney and Enduring Guardianships
Estate planning isn’t just about what happens after death. It also includes preparing for circumstances where you may lose capacity to make decisions. Key documents include:
- Enduring Power of Attorney – authorises someone to make financial and legal decisions on your behalf.
- Enduring Guardianship – appoints someone to make health and lifestyle decisions if you’re unable to do so.
These tools provide peace of mind and clarity for your family in times of crisis.
Testamentary Trusts
A testamentary trust is a trust established under a will and activated upon death. It can offer significant benefits, such as:
- Asset protection
- Tax advantages
- Flexibility in how and when assets are distributed
This option is particularly useful for beneficiaries who are minors, have disabilities, or face financial risks.
Contesting a Will
In some cases, family members or dependents may feel they have been unfairly treated or left out of a will. Under Australian law, certain eligible people can make a family provision claim. These claims must usually be made within strict time limits and require legal advice to assess their merits.
What Is Estate and Wills Law?
Estate and wills law deals with the management and distribution of a person’s estate after death. It encompasses a wide range of legal services, including:
- Drafting valid wills
- Creating powers of attorney and enduring guardianships
- Setting up testamentary trusts
- Administering deceased estates
- Contesting or defending wills
In Australia, each state and territory have its own succession laws, but the principles remain similar across jurisdictions.
Why Work with an Estate Lawyer?
Estate and wills law can be complex, particularly when blended families, business assets, or high-value estates are involved. An experienced estate lawyer can:
- Ensure your will is valid and enforceable
- Provide strategic advice on tax-effective estate planning
- Help executors navigate probate and administration
- Assist with disputes and contested wills
Proper planning can reduce stress and confusion for your loved ones, and prevent costly legal battles in the future.
“They explained everything in plain language and made setting up our wills and estate plan simple.”
Plan Today. Protect Tomorrow.
At Marjason & Marjason Solicitors we help individuals and families across Australia take control of their future with clear, practical estate planning advice. Whether you need a simple will or a comprehensive estate plan, our team is here to guide you every step of the way.
Book a confidential consultation today and make sure your legacy is in safe hands.