Wills and Estate Lawyers in Sydney and NSW

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.

Making a Will and Planning Your Estate

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]

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]

What Makes a Will Legally Valid in NSW?

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]

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]

Why Testamentary Capacity Matters

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]

Does Your Will Cover Every Asset?

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]

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]

When Should You Update Your Will?

Review your will after marriage, separation, divorce, having children, significant financial changes or the death of an executor or beneficiary. Depending on the changes, a new will may be more appropriate than a codicil. Keep the signed original safe and tell your executor where to find it. ^[1]

Powers of Attorney and Enduring Guardianship

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]

An enduring guardian makes specified health and lifestyle decisions when you cannot make them yourself. These appointments serve different purposes. Our power of attorney services explain the financial appointment in more detail. Preparing both documents alongside your will helps address future decision-making needs. ^[5]

How Much Does Making a Will Cost?

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. Ask whether the quote includes consultation, revisions, signing and GST, and whether powers of attorney or enduring guardianship documents cost extra. ^[1]

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.

Probate and Deceased Estate Administration

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]

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]

Contesting or Challenging a Will in NSW

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]

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]

Speak With CM Lawyers

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.

Tell us about urgent health concerns or an approaching hospital admission when booking, so we can assess the appropriate arrangements needed.

This information is general only and is not a substitute for legal advice about your circumstances.