“He said he had a will. Turns out, it was a post-it note…”
When 68-year-old Peter passed away in Sydney’s Inner West, his children were left grieving, and soon after, battling in court. Despite insisting he “had everything sorted,” the only evidence of his wishes was a handwritten note on his fridge. No formal will. No appointed executor. And no clue who got the house, the business, or the prized fishing boat.
Three years and $75,000 in legal fees later, the family finally reached a settlement. But the outcome could’ve been completely different if Peter had sat down with an estate planning lawyer, even just once.
Estate Planning: More Than Just Making a Will
When people hear “estate planning,” they often think it’s just about drafting a will. But a true estate plan is a legal blueprint that:
- Protects your family
- Minimises tax and legal headaches
- Ensures your legacy is passed on exactly how you want
In Sydney, where property values soar and blended families are the norm, estate planning is no longer just for the ultra wealthy. It’s for anyone who wants peace of mind, and a plan that won’t unravel under pressure.
So What Does an Estate Planning Lawyer Actually Do?
An estate planning lawyer doesn’t just fill out forms. We design legal frameworks for your life, your death, and everything in between.
Here’s what we cover:
1. Wills That Actually Work
A valid will must:
- Appoint an executor
- Clearly state your intentions
- Comply with the Succession Act 2006 (NSW)
But more than that, it must stand up to challenges. We don’t just draft wills. We stress test them.
2. Powers of Attorney
Who manages your finances if you lose capacity?
We help you:
- Appoint a trusted attorney
- Set boundaries (e.g. no property sales without consent)
- Ensure it activates under the right circumstances
3. Enduring Guardianship
This lets someone make medical and lifestyle decisions for you if you’re incapacitated. Crucial during health crises, especially where families disagree.
4. Binding Death Benefit Nominations
Superannuation doesn’t automatically follow your will. We help you ensure your super is paid to the right person, not caught in legal limbo.
5. Testamentary Trusts
Want to protect assets for children or vulnerable beneficiaries? Or reduce tax for future generations?
Testamentary trusts are powerful tools, and your estate planning lawyer knows when and how to use them.
6. Business Succession Planning
Own a company, family trust or partnership? You need:
- A shareholder or unit holder agreement
- Clear instructions on succession
- Tax and capital gains strategies
We work with accountants and financial planners to make sure everything lines up.
Strategic Insight: Planning for Conflict
Estate disputes are on the rise in NSW. And most of them come from:
- Informal wills
- Vague instructions
- Excluded family members
We don’t just plan for peace. We plan for war, in case someone decides to contest your wishes.
With a strategic estate plan:
- You reduce the chance of challenges
- You make disputes easier to defend\
- You control how your story ends
When Should You See an Estate Planning Lawyer?
The right time? Before it’s too late.
But especially:
- After major life events (marriage, divorce, children, new assets)
- If you’re in a blended family
- If you own property, a business, or significant super
- If you want to protect someone with a disability or vulnerable child
What Happens If You Don’t?
Without a will or estate plan:
- Your assets are distributed under NSW intestacy laws
- The wrong person might control your estate
- Family disputes can delay everything for years
Even if you have a basic will, it might be outdated, ambiguous, or legally defective. The risk? Expensive litigation, public scrutiny, and a legacy that doesn’t reflect your values.
What Sets Green & Associates Apart?
We’re not just legal drafters. We’re strategic thinkers.
Our approach is:
- Customised: No templates. Every plan is tailored to your family, assets, and risk profile.
- Collaborative: We work with your financial adviser or accountant for tax smart outcomes.
- Defensive: We anticipate disputes and draft accordingly.
- Empathetic: These are sensitive issues. We treat every client with compassion and discretion.
Final Thoughts: Estate Planning Is a Gift, Not a Burden
Many people avoid estate planning because it feels too hard. But the truth is, it’s one of the kindest things you can do for the people you love.
A strong estate plan means:
- Less stress for your family
- More certainty for your legacy
- Reduced legal costs
- Fewer disputes
Need a Strategic Estate Plan in Sydney?
At Green & Associates, we combine legal precision with human insight. Whether you’re updating a simple will or setting up complex trusts, we’ll help you do it right the first time.
Book a confidential consultation today and take control of your legacy.
