Skip to content

Wills and estates: what you need to consider

When you want to ensure that the people you love are looked after, you need to make sure the right documents are in place and the correct people are appointed. Our team at Benjamin & Robinson Lawyers specialise in wills and estates with services including the drafting and updating of wills, will disputes, powers of attorney, estate planning and more.

Who needs a will?

Many young people don’t think they need a will if they have few assets, and many people believe that if they die without a will their estate will simply go to their partner or nearest relative. This is incorrect. If you are over 18 and working, you generally have superannuation that comes with a life insurance policy. Death benefits through superannuation can be significant, even though many people might think they don’t have many assets to pass on.

Is your will up to date?

Many Sydney residents do not have a valid will, potentially leaving their families with issues to contend with when they die. Your will should reflect any significant personal circumstances or relationship changes throughout your lifetime to ensure you are not putting your children’s inheritance at risk. This is particularly important if you are in the process of getting a divorce, separating from a de facto or re-partnering. Life changes can have a big impact on your estate plan.

What happens if you die without a will?

When a person dies without making a will, it is referred to as dying ‘intestate’. If this happens in NSW, an application needs to be made to the Supreme Court for ‘Letters of Administration’ – a document providing the court’s formal approval for someone to administer the estate of the deceased. Unfortunately, we know of many examples of hardship and family divisions where someone dies without a will and there was uncertainty about their wishes.

Who can apply to administer a deceased estate with no will?

The Court generally grants administration of an intestate estate to the person or people with the greatest entitlement in the estate (this may be a spouse or children) or to NSW Trustee and Guardian. 

What is a testamentary trust?

Testamentary trusts are discretionary trusts established in wills. It allows the trustees of each trust to decide, from time to time, which of the nominated beneficiaries (if any) may receive the benefit of the distributions from that trust for any given period. There are important advantages in incorporating testamentary trusts in wills. Chat to an experienced wills and estates lawyer to find out how a testamentary trust can protect your children’s inheritance.

Contesting a will

If you wish to contest a will, strict time limits apply. Our team at Benjamin & Robinson Lawyers can assist with will dispute mediation and contested claims.

Choosing a wills and estates lawyer in Sydney

Choosing the right lawyer or firm is the first step in achieving your legal goals. You can start by checking the accreditation of the lawyer or firm you are considering. Benjamin & Robinson Lawyers have specialist accreditation status with the Law Society of New South Wales and are committed to providing the highest level of legal advice and service. Benjamin & Robinson Lawyers have decades of experience, thousands of trusted clients, 99.5% successful cases and 1099 case studies.

Our team helps hundreds of people each year put together their plans for death or incapacity. Our role is to understand what your wishes are and ensure these are reflected in your will.

For first-class commercial law advice, see the experienced team at Benjamin & Robinson Lawyers. With offices in South Hurstville and St George, the fees are reasonable and competitive. For enquiries or a quote, get in touch with us today on 02 9547 1733. You can also email us or request a consultation. Don’t leave anything to chance. Connect with our wills and estates lawyers today and protect the people most important to you.


Dying without a Will | NSW Trustee and Guardian

Scroll To Top