Estate planning

Some commonly asked questions about estate planning

  • Your lifestyle
  • Your retirement plans
  • Your business goals (eg who will succeed you?)
  • Your taxation position
  • Your plans for passing on your assets when you die
  • Strategies for dealing with unforeseen circumstances such as illness or relationship breakdowns within your family

If you have not planned ahead and put your affairs in order, then you may find that what happens to your estate is not at all what you would have desired. The Succession Act prescribes the process for distributing a person’s estate in the absence of a will.

Should you become unable to make personal decisions for yourself, in the absence of an enduring guardian with whom you have discussed your wishes, your living situation and medical treatment may not be what you would have wanted.

Put simply, a failure to plan ahead means you may relinquish your decision making power.

If there is no will, then an administrator must be appointed by the Supreme Court of NSW to deal with the estate. They will distribute the estate in accordance with the rules contained in the Succession Act. These rules changed substantially in 2010 and can be very complex. For more information about distribution of estates in the absence of a will, please see our legal wills page.

Our experts

Postcode

News

Dissolving strata title and the potential for capital gains tax (CGT) liability
20 Apr
Although still uncommon, dissolving strata titles is becoming more prevalent with the rise...
Read More
Hornsby law firm Collins & Thompson broadens horizons by joining Stacks Law Firm
03 Apr
Hornsby law firm Collins & Thompson is broadening its horizons by joining Stacks Law ...
Read More
She made his life hell but still got a chunk of his estate
15 Feb
An ex-wife who vowed she would make “what was left” of her ex-husband’s “wretched ...
Read More
Helping your business survive through death and divorce – family law and estate planning strategies
14 Feb
In a business context, the failure of a marriage or de facto relationship or the death, ...
Read More
What happens to your business when you get divorced?
27 Jan
Whether you are married or in a de facto relationship, divorcing or separating from your ...
Read More
Proof that it’s worth challenging government’s compulsory property acquisition
18 Jan
Thousands of people in NSW are facing having their homes and property compulsorily ...
Read More
Documenting agreements in family law – parenting plans, consent orders and binding financial agreements
18 Jan
Recently we published the article Five good reasons to try to resolve your family law ...
Read More
Importance of succession planning to keep the family farm in the family
17 Jan
Making sure the family farm or family business stays in the family might seem pretty ...
Read More
Consumers urged to be wary of scams over Christmas
08 Dec
While most of us think of Christmas as the season of goodwill and happy holidays, some ...
Read More
Ten point checklist to update your estate planning
08 Dec
New year’s resolutions usually last as long as the beer and cake left over from the ...
Read More
Protecting the family farm with a family trust – universal panacea or double-edged sword?
07 Oct
One of the best ways to protect your assets is through a family trust. However, trusts are...
Read More

Why Stacks


No hidden fees
Nobody likes surprises on their bills, so we take the time to agree with you exactly what our work will cost before we do it (not after!)

Deep expertise
Our lawyers aren’t ‘general practitioners’, they’re experts in their chosen fields of practice (many are Accredited Specialists)

Practical advice not legalese
We provide clear, practical advice, in plain English, so that you can make decisions with confidence


Over 25 local offices
Our local offices are owned and operated by friendly, local professionals, who are proud and active members of the communities they serve

Real client care
Genuine care for clients has been at the core of our practice since the first office was opened by ER Stack on the NSW Mid-North Coast in 1931

Progressive practice
We invest in technology and systems so that our services are always cost effective and clients are in control of their own legal affairs

More about our promises

Get help now

It's easy to get help, just tell us your story and we'll help you understand all your options. If you’d like us to help, we’ll agree exactly the work you'd like us to do up front so that you can be certain about our costs.

Your enquiry is completely confidential.

Fill out this form and one of our experts will contact you
within one business day

By submitting this form you agree to the terms of our Privacy policy

Need help? We’re here to assist