We remain open and continue to serve our communities during the COVID-19 pandemic. Click here for more info

Estate planning, wills and probate

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

Perils of a DIY will include increased risk of subsequent legal challenge
09 Mar 2021
Now more than ever, it’s important to have a written will so you can make sure...
Read More
How do you choose an executor for your will? – the horror story edition
25 Feb 2021
Part of a writing a will involves considering who you will appoint as executor ...
Read More
Federal government announces capital gains tax relief for granny flat accommodation
16 Feb 2021
You have ageing parents who don’t want to move into aged care. There is room ...
Read More
What is partial compulsory acquisition?
29 Jan 2021
Partial compulsory acquisition is where part of your property is acquired by the...
Read More
De facto property settlement can be as complex as a marriage break up
22 Jan 2021
You commit to a relationship with your partner and move in together. You earn ...
Read More
Power of Attorney and Enduring Guardianship – the horror story edition
23 Dec 2020
Having a power of attorney and an enduring guardianship is the basis of a solid ...
Read More
Dispute over fate of deceased body determined by consulting Facebook
10 Dec 2020
Dying without a will can lead to all sorts of disputes among your loved ones, ...
Read More
Life estate or right of residence? How to provide a home in your will
09 Dec 2020
You want to provide a home for your loved one in your will. You want your spouse...
Read More
Can I leave an inheritance to my pets when I die?
08 Dec 2020
We love our pets, and understandably we want to make sure they are well looked ...
Read More
High Court rules tax debt can be passed to spouse in divorce property settlement
26 Nov 2020
In 2018, Australia’s High Court ruled that a tax debt of one spouse can be ...
Read More
Overseas assets and Australian wills case study: Dubai
19 Aug 2020
Do you own overseas assets? If the answer is yes, then you need to make sure ...
Read More
Can you legally terminate a contract due to Covid-19?
15 Jul 2020
Can you renegotiate a contract because of the impact of coronavirus? The ...
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.

Complete the form and one of our experts will get back to you within 24 hours.

Reach out

Fill out this form and one of our local law professionals will be in contact

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