Wills and Estate Lawyers Canberra
Wills and Estate Lawyers Canberra
Plan ahead
A thoughtful estate plan gives the people you trust clear guidance if you die or can no longer make decisions for yourself. It can also bring your Will, superannuation, trusts, business interests and personal wishes together as one coordinated plan.
Estate planning is about more than preparing a Will. It means understanding what you own, how it is structured, who has control and what should happen if you lose capacity or die.
Some assets may form part of your estate. Others, including superannuation, jointly owned property, trusts and company interests, may be dealt with under different rules. We help you see the complete picture and put the right documents in place.
We provide clear, practical advice for individuals, families, business owners, executors and beneficiaries across the ACT and NSW.
Trust the multi-award winning Wills and Estates lawyers in Canberra
30 Under 30 Award (Wills and Estates)
April 2022
Top Boutique Law Firm 2021
August 2021
Boutique Law Firm of the Year
August 2021
Boutique Law Firm of the Year
September 2020
Family Law Firm of the Year
September 2020
On this page
Four connected areas of work
Personal estate planning
Plan who will make decisions for you, who will administer your estate and how your assets should be managed and distributed.
Business succession planning
Support continuity and establish how ownership, control and responsibility should pass if a business owner dies, retires or loses capacity.
Post-death estate work
Practical guidance on probate, letters of administration, estate administration and disputes for executors, administrators, beneficiaries and eligible claimants.
SMSF and superannuation planning
Coordinate your Will and estate plan with your fund deed, trustee arrangements, pensions and death benefit nominations.
Make your wishes clear
A well-considered estate plan should make it easier for the people around you to understand your wishes and manage your affairs. The right documents will depend on your family, assets, liabilities, business interests and personal priorities.
We can assist with:
- Wills.
- Testamentary trusts, including protective trusts where appropriate.
- Enduring Powers of Attorney in the ACT and NSW.
- Appointments relating to guardianship, personal care and health decisions.
- Health Directions in the ACT and Advance Care Directives in NSW.
- Letters of wishes.
- Superannuation and life insurance death benefit nominations.
- Succession arrangements for existing trusts.
- Private and family loan agreements.
- Planning for digital assets.
- Reviewing existing documents after separation, marriage, retirement or another major life change.
Your plan may also need to consider blended families, young children, vulnerable beneficiaries, family loans, overseas assets or beneficiaries and the possibility of a future estate claim.
No two estate plans are identical. We explain the available options, identify areas of risk and help you choose an approach that reflects your circumstances.
Planning questions
Who should manage your estate?
Who should receive your assets, and when?
Who should make financial, personal or health decisions if you cannot?
Which assets fall inside your estate and which sit outside it?
How should superannuation, trusts and business interests be dealt with?
Would a testamentary or protective trust be appropriate?
Are your documents and asset structures working together?
Protect the future of the business you have built
A business can be one of the most valuable and complex parts of an estate. Without a clear succession plan, the death or incapacity of an owner may create uncertainty for family members, co-owners, employees and customers.
We help business owners consider how ownership and control should pass, who is authorised to make decisions and how personal estate documents should interact with existing business structures.
Depending on the business, this may include reviewing or preparing:
- Wills and powers of attorney.
- Company director and shareholder succession arrangements.
- Shareholders’ or partnership agreements.
- Buy-sell arrangements.
- Trust succession deeds and appointor provisions.
- Ownership and control of corporate trustees.
- Family business transition arrangements.
- Treatment of business loans and related-party accounts.
- Plans for intellectual property and other key business assets.
- Coordination with insurance and funding arrangements.
Business succession often involves legal, accounting, tax and financial considerations. Where appropriate, we can work alongside your accountant and financial adviser so the different parts of the plan are aligned.
Practical guidance at a difficult time
Probate
Where a deceased person left a valid Will appointing an executor, a grant of probate may be required before the executor can deal with certain assets.
We can assist with preparing and filing the application, responding to court requisitions and advising the executor about the next steps.
Letters of administration
If there is no valid Will, or no executor who can act, an application for letters of administration may be required. We can advise on who is eligible to apply and guide the proposed administrator through the process.
estate administration
We can help with:
- Identifying estate assets and liabilities.
- Communicating with banks, institutions and beneficiaries.
- Arranging valuations where required.
- Calling in assets and dealing with debts.
- Advising on the executor’s or administrator’s duties.
- Coordinating legal, accounting and tax work.
- Preparing estate accounts.
- Transferring or distributing assets.
- Managing issues involving trusts, companies or superannuation.
Whether a grant is required will depend on the assets, how they were owned and the requirements of the relevant institutions.
Estate disputes
Disagreements can arise about the validity or interpretation of a Will, the provision made for a family member or dependant, or the conduct of an executor or trustee.
We can advise on matters involving:
- Concerns about the validity of a Will.
- Questions about capacity, pressure or undue influence.
- Family provision claims.
- Disputes between executors, trustees or beneficiaries.
- Interpretation of unclear Will provisions.
- Applications relating to informal or incomplete Wills.
- Negotiation, mediation and court proceedings.
Strict time limits can apply to estate claims. Obtaining advice early can preserve options, clarify the issues and create more opportunity to resolve the matter without unnecessary conflict.
Bring your super into the plan
A Will does not, by itself, direct an SMSF trustee where to pay a death benefit. The fund’s trust deed, trustee structure, superannuation law and any valid death benefit nomination must all be considered.
We provide SMSF-focused estate planning advice, including:
- Reviewing the SMSF trust deed and trustee structure.
- Binding and non-binding death benefit nominations.
- Nominations to dependants or a legal personal representative.
- Succession of individual trustees or directors of a corporate trustee.
- Planning for the death or incapacity of a member.
- Coordinating reversionary pensions and death benefit arrangements.
- Aligning SMSF arrangements with Wills, trusts and Binding Financial Agreements.
- Identifying potential inconsistencies between fund documents and the wider estate plan.
- Advising executors and trustees following the death of an SMSF member.
- Working with accountants and financial advisers on connected tax and strategy issues.
SMSF succession can be particularly important where the fund holds property, a business asset or assets connected with other family structures. A coordinated plan can reduce uncertainty about who controls the fund and how benefits should be dealt with,
Tax and financial outcomes depend on the fund, the recipient and the form of payment. We provide legal advice and can work with appropriately qualified tax and financial advisers where separate advice is required.
Your Wills and Estates lawyer
Jonathon Naef
A clear process from first conversation to final documents
Start with a conversation
Map the full picture
Receive tailored recommendations
Review, finalise and sign
Your plan should be reviewed after major changes such as marriage, separation, the birth of a child, a significant purchase or sale, changes to a business or trust, retirement or the death of someone named in your documents.
For probate, estate administration or disputes, we will instead outline the relevant application, evidence, likely stages, costs and any immediate deadlines at the outset.
Frequently Asked Questions
Is a Will all I need?
Not always. A complete plan may also include an Enduring Power of Attorney, health or guardianship documents, superannuation nominations, trust succession documents and arrangements for business interests. The right combination depends on your circumstances.
Is my superannuation covered by my Will?
Not necessarily. Superannuation is held under a separate legal structure. The fund’s rules, superannuation law and any valid death benefit nomination will affect how the benefit is paid.
Does an SMSF death benefit nomination override my Will?
A valid binding nomination may direct the SMSF trustee to pay an eligible recipient, depending on the fund deed and applicable law. If the benefit is paid to your legal personal representative, it will generally then be dealt with through your estate.
When should I review my estate plan?
Review it after a significant personal, financial or business change, or whenever the people, assets or structures named in the plan are no longer current.
Is probate always required?
No. It depends on the type and value of the assets, how they were owned and the requirements of the institutions holding them.
What happens if someone dies without a valid Will?
They die intestate. The law determines who may administer the estate and how estate assets are distributed. An eligible person may need to apply for letters of administration.
Can a Will be challenged?
In some circumstances, an eligible person may make a family provision claim, or a dispute may arise about the Will’s validity or interpretation. A carefully prepared plan can help manage risk, but it cannot guarantee that a claim will not be made.
Do you work with accountants and financial advisers?
Yes. Estate and business succession planning can involve legal, tax, accounting and financial issues. With your authority, we can coordinate with your other advisers so the plan works as a whole.