Samaras Lawyers provides wills and estate planning services in Hurstville and across Sydney, assisting individuals, families, and business owners in planning for the future with clarity and confidence.

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Careful estate planning ensures that your assets are distributed according to your wishes and can help minimise disputes, uncertainty, and administrative complications for your loved ones. We provide structured legal advice in accordance with NSW succession law, tailored to your personal, financial, and family circumstances.

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Estate planning is not only about preparing documents — it is about ensuring that your intentions are properly documented and legally effective.

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Making a Will in NSW

A valid will sets out how your estate is to be distributed after your passing and allows you to appoint an executor to manage your affairs. Without a valid will, your estate may be distributed according to the intestacy provisions of NSW law, which may not reflect your wishes.

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Preparing a will involves carefully identifying assets, appointing executors, nominating beneficiaries, and considering contingencies. Proper drafting helps ensure clarity and reduces the risk of disputes or unintended consequences.

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We assist clients with preparing legally compliant wills tailored to their circumstances, including straightforward estate arrangements and more complex asset structures.

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It is also important to review your will following major life events such as marriage, separation, the birth of children, or significant changes in financial circumstances.

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Estate Planning Beyond a Will

Estate planning may involve reviewing ownership structures, trust arrangements, and potential taxation implications to ensure alignment with your broader objectives.

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Assets such as jointly owned property, family trusts, company interests, and superannuation may not automatically form part of your estate in the same way as personal assets. Understanding how these structures operate is an important part of comprehensive estate planning.

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We work with clients to develop estate planning strategies that consider legal, financial, and family dynamics in a coordinated manner.

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Testamentary Trusts

In certain circumstances, a will may incorporate testamentary trust provisions. Testamentary trusts can provide flexibility in managing distributions to beneficiaries and may assist in protecting assets for minor or vulnerable beneficiaries.

 

These structures can also offer planning advantages depending on family and financial circumstances. We provide advice regarding whether testamentary trust provisions are appropriate based on individual objectives and estate complexity.

 

Powers of Attorney and Enduring Guardianship

Planning for potential incapacity is an important part of estate planning.

 

A Power of Attorney allows you to appoint a trusted person to manage financial and legal matters on your behalf if you become unable to do so. An Enduring Guardianship appointment allows a nominated person to make personal and lifestyle decisions if required.

 

These documents operate during your lifetime and are separate from your will. Proper preparation ensures compliance with NSW legislative requirements and provides clarity for appointed decision-makers.

 

We prepare powers of attorney and enduring guardianship documents tailored to your circumstances.

 

Asset Protection and Family Considerations

Estate planning may also involve consideration of asset protection strategies and family dynamics. This can include reviewing ownership structures, business interests, trust arrangements, and intergenerational planning objectives.

 

Clear documentation and structured planning can assist in reducing the likelihood of misunderstandings and disputes among beneficiaries. Addressing potential issues proactively can provide greater certainty for family members and executors.

 

Our approach is to provide practical guidance that balances legal compliance with personal objectives.

 

Business Succession Planning

For business owners, estate planning may include reviewing shareholder agreements, trust structures, and ownership arrangements to ensure continuity in the event of incapacity or death.

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Business succession planning can involve coordinating commercial agreements with estate planning documents to ensure alignment of ownership and management intentions.

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We assist clients in integrating estate planning and business succession strategies to help protect long-term commercial interests.

 

Reviewing and Updating Your Estate Plan

An estate plan should not remain static. Changes in family circumstances, asset ownership, or legislative requirements may necessitate updates to existing documents.

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Regular review of your will and related estate planning documents can help ensure that your intentions remain accurately reflected and legally effective.

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We encourage clients to review their estate planning arrangements periodically and following major life events.

 

Superannuation and Estate Planning

Superannuation does not automatically form part of your estate and is not always governed by the terms of your will. The distribution of superannuation benefits depends on trustee discretion and any binding or non-binding nominations in place.

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Reviewing superannuation arrangements as part of your estate plan is important to ensure that beneficiary nominations align with your broader intentions. We assist clients in understanding how superannuation interacts with estate planning documentation and in reviewing arrangements where appropriate.

 

Blended Families and Complex Family Structures

Estate planning can require additional consideration where there are blended families, second marriages, stepchildren, or dependents from prior relationships.

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Clear drafting and structured planning can help balance competing interests and reduce uncertainty. Considering potential claims and family dynamics during the planning stage can assist in minimising disputes and ensuring your intentions are properly reflected.

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We provide advice tailored to complex family circumstances to help ensure estate arrangements are clear and effective.

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Probate and Estate Administration

If you require assistance with probate applications or deceased estate administration, please visit our dedicated Probate page for further information.

 

Family Provision Claims and Risk Awareness

Under NSW succession law, certain eligible persons may be entitled to make a family provision claim if they believe adequate provision has not been made for them in a will.

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While not every estate will face a claim, understanding potential risks during the planning stage can be important. Careful drafting, clear reasoning, and structured estate planning may assist in reducing the likelihood of disputes.

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We provide guidance on estate planning strategies that take into account potential family provision considerations, helping clients structure arrangements with awareness of legal risks.

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Why Choose Samaras Lawyers for Wills and Estate Planning?

Estate planning requires careful consideration and precise documentation. We provide structured, practical advice to help ensure that your wishes are clearly recorded and legally enforceable.

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Based in Hurstville, Samaras Lawyers assists clients across Sydney with wills and estate planning matters tailored to individual, family, and business needs.

 

Frequently Asked Questions – Wills & Estate Planning in NSW

Do I need a lawyer to prepare a will?
Legal guidance can assist in ensuring your will is valid, clearly drafted, and aligned with your intentions.

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What happens if I die without a will in NSW?
Your estate may be distributed according to intestacy provisions under NSW law, which may not reflect your personal wishes.

 

How often should I review my will?
It is advisable to review your will after significant life events such as marriage, separation, or changes in asset ownership.

 

Can estate planning reduce the risk of disputes?
Clear documentation and structured planning can assist in reducing misunderstandings and the likelihood of disputes among beneficiaries.

 

Are powers of attorney part of estate planning?
Yes. Powers of attorney and enduring guardianship documents form an important part of comprehensive estate planning.