Wills & estates · Inner West, Sydney
CM Lawyers helps individuals and families prepare wills, plan for incapacity and deal with deceased estates.
4.9★
As at October 2026
30+
years serving Sydney
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Google rating as at October 2026. Years of service supplied by CM Lawyers.
Updated October 2026
Our wills and estate lawyers in Sydney provide advice on making or updating a will, choosing executors, powers of attorney and inheritance disputes. We explain what your documents cover and what needs separate attention.
A will records how your estate should be distributed after death and appoints an executor to carry out those instructions. It can also nominate guardians for children and establish trusts for beneficiaries who need ongoing support. [1] source: NSW Trustee and Guardian: Learn about wills
Good estate planning starts with your circumstances, not a standard list of gifts. We discuss your family, property ownership, debts and intended beneficiaries, including what should happen if a beneficiary dies before you. Blended families, business interests and overseas assets may require additional advice.
For example, parents may want an inheritance held on trust until their children reach a chosen age. We can discuss who should manage that trust, how funds may be used and the important responsibilities involved. [8] source: NSW Trustee and Guardian: Dealing with a will and estate after a death
Is this for you?
Many people make or review a will at a turning point in their life. If someone close to you has died and you need help with their estate, see probate and estate administration below.
Without one, the law decides who inherits your estate, and it may not be the people you would choose.
Marriage generally cancels an existing will, unless the will was made with that marriage in mind.
Divorce generally cancels gifts to a former spouse, unless your will says otherwise. Separation on its own does not change your will.
You can nominate a guardian for children under 18 and decide how their inheritance is managed.
Planning ahead helps you provide for a partner and for children from earlier relationships.
Buying or selling property, starting a business or receiving an inheritance can change what your will needs to say.
An enduring power of attorney and an enduring guardian let people you trust make decisions if you lose capacity.
A trust in your will can manage gifts for someone who is young, unwell or vulnerable.
Signing your will
Section 6 of the Succession Act 2006 (NSW) sets out the usual signing requirements. A will must be in writing and signed by you, or someone acting in your presence and at your direction. Your signature must be made or acknowledged before at least two witnesses present together, who then sign in your presence. [2] source: Succession Act 2006 (NSW), ss 6, 8 and 57–59
Section 8 allows the Court to recognise some informal wills, but this is not automatic. Do not rely on an unsigned draft or a document with missing witnesses being accepted after your death. [2] source: Succession Act 2006 (NSW), ss 6, 8 and 57–59
In Ryan v Dalton; Estate of Ryan [2017] NSWSC 1007, the Court admitted an earlier will because it was not satisfied that the will-maker had testamentary capacity when signing the later document. The judgment emphasised careful questioning and detailed records. Where capacity is uncertain, early legal advice and appropriate medical evidence can be important. [3] source: Ryan v Dalton; Estate of Ryan [2017] NSWSC 1007, [6]–[7], [107]–[108] (NSW Caselaw)
Witnesses should not be people who receive a gift under the will, because a gift to a witness can fail.
NSW law also allows witnesses to watch you sign by video link, but extra steps must be followed.
Your assets
Not necessarily. Property held as joint tenants ordinarily passes to the surviving owner, while your share as a tenant in common generally forms part of your estate. Superannuation death benefits may be paid outside the estate, depending on nominations and fund rules. [1] source: NSW Trustee and Guardian: Learn about wills
Company assets belong to the company, although your shares may pass under your will. Trust assets require separate consideration. We review how assets are held so your will works alongside other arrangements rather than promising to distribute property it cannot control. [1] source: NSW Trustee and Guardian: Learn about wills
Updating a will
Review your will after marriage, separation, divorce, having children, significant financial changes or the death of an executor or beneficiary. [1] source: NSW Trustee and Guardian: Learn about wills
Some life events change the effect of your will automatically:
Depending on the changes, a new will may be more appropriate than a codicil, a separate document that amends your will. A codicil, or any change written on the will itself, must be signed and witnessed in the same way as a will. Handwritten changes that are not signed and witnessed may have no effect.
Keep the signed original safe and tell your executor where to find it. [1] source: NSW Trustee and Guardian: Learn about wills
Planning ahead
A will deals with your estate after death; it does not authorise someone to manage your affairs during your lifetime.
An enduring power of attorney appoints someone to make financial and legal decisions and can continue if you lose capacity. [4] source: NSW Trustee and Guardian: Enduring Power of Attorney It must be witnessed by a qualified witness, such as a solicitor, who explains it to you before you sign. Our power of attorney services explain the financial appointment in more detail.
An enduring guardian makes specified health and lifestyle decisions when you cannot make them yourself, such as where you live, the health care you receive and whether to consent to medical or dental treatment. [5] source: NSW Trustee and Guardian: Enduring Guardianship The appointment must be made in the approved form, accepted by your guardian and witnessed by an eligible witness, such as a solicitor.
These appointments serve different purposes. Preparing both documents alongside your will helps address future decision-making needs.
How it works
Preparing a will usually follows these steps. We'll tell you early if anything about your situation needs extra advice.
Call us or send an enquiry. We'll talk briefly about what you need and arrange a time to meet.
Before any work begins, we give you a written estimate of our costs.
We go through your family, your assets and your wishes, and explain options such as testamentary trusts, powers of attorney and enduring guardianship. You can meet us at our Marrickville office.
We send you draft documents to read. You can ask questions and request changes before anything is signed.
We arrange the signing and witnessing so that each document is signed as NSW law requires.
We talk with you about where to keep the originals and who should know where they are.
How long this takes depends on your circumstances and how quickly the drafts are reviewed. Ask us for a likely timeframe when you get in touch.
Before your first meeting
You don't need everything on this list to get started, but the more you can bring, the clearer our advice can be.
Not sure what to bring? Call us on (02) 9557 9000.
Costs
A straightforward single will starts from $440 including GST. Beyond that, the cost depends on your circumstances and the drafting required. A straightforward will differs from one involving testamentary trusts, complex family arrangements or overseas assets. [1] source: NSW Trustee and Guardian: Learn about wills Ask whether the quote includes consultation, revisions, signing and GST, and whether powers of attorney or enduring guardianship documents cost extra.
Contact CM Lawyers for a written quote covering the documents you need. Bring your existing will and a summary of your assets and family circumstances so the proposed work is clear.
After a death
After a death, an executor may need probate before collecting and distributing estate assets. Administration also involves dealing with debts, expenses and tax obligations. Our probate and estate administration services explain these steps without treating the grant as the end of the process. [6] source: NSW Government: Grant of probate or letters of administration
Where someone dies without a valid will, intestacy rules determine entitlement and an administrator may need letters of administration. Having a will does not necessarily remove the need for probate. [7] source: NSW Trustee and Guardian: Dying without a Will
Will disputes
A challenge to validity may involve capacity, undue influence, forgery or signing defects. A family provision claim is different: an eligible person seeks further provision from the estate, even where the will is valid. [2] source: Succession Act 2006 (NSW), ss 6, 8 and 57–59
Sections 57–59 of the Succession Act govern eligibility, timing and the Court’s power to make family provision orders. The usual deadline is 12 months from death, subject to statutory exceptions. Our contesting a will services can help you understand the appropriate process. Obtain advice promptly rather than waiting for distribution. [2] source: Succession Act 2006 (NSW), ss 6, 8 and 57–59
Who will help you
Solicitor, wills and estates
Christine is a solicitor at CM Lawyers. She works in wills and estates, probate and family law, and prepares wills, powers of attorney and enduring guardian appointments.
Questions
No, the law does not require it. But a will that is not signed and witnessed correctly, or that is unclear, can lead to delay, cost and disputes for your family. A solicitor can also advise on things a will kit can't, such as how your assets are held, superannuation, trusts and the risk of a claim on your estate.
The Succession Act 2006 (NSW) sets out who inherits, in a fixed order. A spouse or de facto partner and children usually come first, then other relatives. If there is no relative entitled to inherit, the estate passes to the State. Someone may also need to apply to the Supreme Court for letters of administration before they can deal with your assets.
It is a trust set up by your will. After your death, a trustee holds and manages assets for your beneficiaries, for example young children or grandchildren, or someone who may not be able to manage their own finances. Trusts can have financial, legal and tax implications, so whether one suits you depends on your family and your assets. We'll talk it through with you.
Somewhere safe, and tell your executor where it is. A will that can't be found may not be followed. Many people leave the original with the solicitor who prepared it. You can also store it with NSW Trustee and Guardian's WillSafe service, or deposit it with the Supreme Court of NSW for safekeeping. Fees may apply.
Certain people, including a spouse, de facto partner, child or former spouse, and some dependants, can ask the Supreme Court for a family provision order if they say the will does not make adequate provision for them. Claims must usually be made within 12 months of the death. In NSW, the Court can sometimes treat property that passes outside your will, such as property you own as a joint tenant, as part of your estate for these claims. We can explain how this may apply to your family when we prepare your will. If you are thinking of challenging a will yourself, see contesting a will.
Where to go next
For help after a death, with a dispute about a will or with a power of attorney, see these pages. The NSW Government also publishes a plain-English guide to wills.
Service
Appoint someone you trust to manage your financial and legal affairs.
Service
Help for executors applying for a grant of probate in NSW.
Service
Collecting assets, paying debts and distributing an estate.
Service
When someone has died without a will, or no executor can act.
Service
Advice about challenging a will or responding to a claim on an estate.
NSW Government
NSW Trustee and Guardian's guide to making, storing and updating a will.
Make an enquiry
Our Marrickville team assists clients across Sydney and NSW with estate planning and deceased estates. We explain options and costs, identify potential difficulties and prepare documents around your instructions. Call (02) 9557 9000 to arrange an appointment and discuss the next steps, or leave your details here.
There's no need to send details of your family or assets at this stage.
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Level 3, Unit 3.07
18–30 Faversham Street
Marrickville NSW 2204
References
The numbers in square brackets on this page link to these sources.
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General information only
This information is general only and is not a substitute for legal advice about your circumstances.
Disclaimer: This website provides general information only. Nothing on this site should be taken to comprise legal advice or used as a substitute for detailed and competent legal advice. While the information contained in this website is believed to be accurate and current, it is provided by CMLawyers in good faith on an “as is” basis. CMLawyers, its directors, officers or employees make no representation or warranty as to the reliability, accuracy or completeness of the information contained on this website, and none of them accept any responsibility arising in any way (including negligence) for errors in, or omissions from, the information contained in this website.
