Why Have an up-to-date will

Why Have a Valid & Up-to-date Will?

Why Have a Valid & Up-to-date Will?

Taking the time upfront to prepare an effective, legally binding will helps ensure your hard-earned assets are distributed or taken care of in a way that you like. Carefully considered estate planning saves families stress and money following your passing—an already undoubtedly difficult time for them.

Rather than remain uncertain that the will you have is going to be binding and secure, engaging a lawyer to assist in this process is the only way to best ensure that you are following the legal requirements to fulfill your wishes.

We also understand that every family is different, with its own nuances and relationships, and we take a pragmatic approach to helping you sort through these difficulties.

Adhering to the law

Empower Wills and Estate Lawyers can advise you in regard to the estate laws, minimising the chance that your will is contested or subject to family provision claims. Gaining advice in regard to estate tax (including capital gains) also needs to be carefully considered.

Writing a will and estate planning

Wills must be written in such a way that they maximise the inheritance for your family. Empower Wills and Estate Lawyers can also advise on setting up family and testamentary trusts, if your situation is right. Careful thought must also be given to choosing executors and guardians, and Empower Wills and Estate Lawyers can assist by giving you unbiased and legally sound advice on what the role involves to ensure you make the best choice for you.

Power of Attorney and Guardianship

In order to prepare for any future incapacity, Empower Wills and Estate Lawyers can put plans in place for you through Power of Attorney and Guardianship documents. This is important, because if the time ever arises that you are unable to make decisions about your finances, your medical treatment, or living circumstances, you can instead nominate trusted persons to make these decisions, in accordance with your predetermined wishes.

Don’t leave you will and estate planning until it is too late. Wills and estate planning can be a daunting and confronting experience. If you are looking for an estate planning lawyer in Sydney to help plan your estate and draft your Will, Empower Wills and Estate Lawyers is the number one choice for many Australians as a client-focused, Sydney-based law practice. We offer personalised Wills and estate planning advice and a whole suite of flexible legal services tailored to your needs. Preparing your assets for the inevitable, whether expected or as part of a “what if” scenario, can seem confronting at first, however, being prepared will ultimately protect you and your loved ones in the event of your death.

Planning for the inevitable will help loved ones left behind

Having a valid will through effective estate planning involves doing everything required to preserve your wishes whilst you are alive. It is essential to ensure that your assets transfer successfully to your chosen beneficiaries with minimal financial impact (from a taxation point-of-view). It is important to be prepared for the inevitable, so in the instance that something unfortunate happens, your affairs are all in order.

Adequate wills and estate planning in Sydney, and throughout all of New South Wales, requires careful consideration and evaluation of your financial situation and of the circumstances of those you choose as your beneficiaries. This often includes analysis of any superannuation, annuities, pensions, life insurance policies, investments in any trust or financial interests in companies, which can extend beyond your personally held assets.

Proper estate planning should also explore the implications of claims against your estate by potentially eligible parties, to best ensure that your estate is protected as to the full extent of the law.

Protect your hard work and your family, and prepare for the future with experienced and friendly estate planning lawyers from Empower Wills and Estate Lawyers – call 1300 414 844 or Request Your Free Phone Consultation now.

The Importance of Wills and Estate Planning

A key concern for many individuals is ensuring that their wishes are respected and honoured after they pass away. The thousands of Google searches for “estate lawyers near me” or “I need a lawyer to help me with estate planning” is a proper indicator of the sentiment shared by everyday Australians. The thought of preserving your estate during your lifetime to protect the interests of your loved ones who are most vulnerable or important to you should be front-of-mind when choosing the right estate planning solicitor in Sydney.

Estate Planning is not just about having a Will

Proper estate planning will require not just the drafting of a will, but typically the appointment of an enduring guardian and assignment of a power of attorney to one or more trusted individuals. This may also include recording and authenticating your expectations for future healthcare, including decisions on “end-of-life” treatment, in what is known as an advanced care directive.

The reasonable costing of your matter is an essential consideration when retaining a wills and estates lawyer in Sydney. Due to the sensitive nature of issues relating to wills and succession planning, we take pride in our ability to offer fixed fee arrangements and provide true transparency about costs at all times.

Avoid family disputes and fighting over your will and estate

Are you concerned about family feuds over your assets when you’re gone? No one wants their will to be contested, but if an expert estate planning lawyer does not set it up, there may be an increased chance that this will occur. Unfortunately, the competing interests surrounding wills and estates regularly causes family bonds to break down. It can be a recipe for disaster when multiple siblings, stepchildren or blended families (such as former partners, married and de-facto) are involved. While some disgruntled beneficiaries may still be present, proper estate planning can assist with preserving peace and alleviate family disputes.

Our wills and Estate Planning Services Empower Wills and Estate Lawyers has expertise across all fields of estate planning, estate management and Family Provision Claims. Our experience and knowledge allow us to offer expert legal advice on matters such as:

Estate Planning

  • Wills
  • Appointments of Enduring Guardian
  • Asset Protection
  • Testamentary Trusts
  • Special Disability Trusts
  • Appointment of Powers of Attorney
  • Superannuation Planning

Family Provision Claims

  • Challenging a Will
  • Defending a Will
  • Informal Settlement Conferences
  • Mediation
  • Hearings

Speak to a qualified Wills and Estate Planning lawyer in Sydney who can help navigate the complexities that exist or could arise.

If you have questions about the validity of your will, or someone else’s will, contact us now on [email protected] or 1300 414 844 for a confidential and obligation-free initial consultation. 

Our fee structures are tailored to each client and include sliding fee scales, payment plans, pensioner discounts, and conditional ‘no win, no fee’ costs agreements in select cases. 

Want to learn more?

Read more about recent examples of will contests that have gone to court in NSW here.

Read more about what to do if you’ve been left out of a will here.

If you’re an executor defending a will in NSW, find out more information here.

Disclaimer: the information in this article relates to NSW law and is general information only. It does not constitute legal advice and should not be relied upon. If you have a question or legal issue we recommend you contact a lawyer and obtain legal advice that takes into account your specific facts and circumstances.

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