Home » Tax-effective Estate Planning Lawyer | Penrith

Tax-effective Estate Planning Lawyer | Penrith

You’ve worked hard to build your wealth – don’t let it be eaten up by avoidable tax. While Australia doesn’t have an inheritance tax, several other taxes can apply when you pass away, including capital gains tax, income tax on distributed assets, and superannuation death benefits tax.

Estate planning is about protecting more than just your assets – it’s also about reducing the tax burden on your loved ones. At ALA Law, we provide tailored, tax-effective estate planning for individuals and families across Sydney, Penrith, and Parramatta, ensuring your legacy is passed on with minimal tax impact and that your family’s future is carefully considered.

Fixed-fee quotes available.

Reviewed by Jacinta Watkins, Partner – Estate Planning and Deceased Estates. Last updated November 2026.

Penrith Office

Ground Floor, Suite 4 291/295 High St, Penrith NSW 2750

Mon-Fri, 9am-5pm

In person, phone or video consultations

Why Tax-Effective Estate Planning Matters

Without proper planning, your estate may face unnecessary tax liabilities such as capital gains tax (CGT), income tax on investments, and tax on superannuation death benefits. This can significantly reduce the value of what your family inherits and create avoidable stress for family members during an already difficult time. A well-prepared estate plan can help reduce uncertainty, clarify your wishes, and address important tax implications and asset distribution before they become a problem.

Estate Planning

Is tax-effective estate planning right for you?

Tax-effective estate planning is especially worthwhile if any of these sound familiar:

  • You own an investment property, shares or other assets that have grown in value
  • You have a self managed super fund (SMSF) or a sizeable super balance
  • You own a family business or farm that you want to pass on smoothly
  • You have a blended family and want to look after everyone fairly
  • You have a child with a disability, or a beneficiary who may need protection from creditors, relationship breakdown or poor money decisions
  • You would like to leave a gift to a charity or a cause you care about

If one or more of these applies to you, a conversation with our team can help you understand your options.

Key Tax Planning Strategies We Offer

  • Testamentary Trusts: Income splitting and tax flexibility for beneficiaries
  • Superannuation planning: Ensuring binding nominations are in place
  • Capital Gains Tax awareness: Structuring asset transfers to reduce liability
  • Gifting strategies: Identifying opportunities to transfer assets early without major tax penalties

We collaborate with accountants and financial advisers to provide holistic advice that’s legally sound and financially efficient, including consideration of tax law and broader financial management issues.

testamentary

A simple example: how super can be taxed when you die

Imagine you have $400,000 in super and you would like it to go to your two adult children, who are financially independent.

  • Paid to a spouse or a financial dependant: a lump sum death benefit is generally tax-free.
  • Paid to adult children who are not financially dependent on you: the taxable component is generally taxed at up to 17% (15% plus the Medicare levy). If the whole balance were taxable component, that could mean up to around $68,000 in tax.

With the right planning – such as a binding death benefit nomination, a testamentary trust, or a strategy reviewed with your accountant – this tax can often be reduced, and you decide who receives your super rather than leaving it to the fund trustee.

This example is general information only and is not advice about your situation. The outcome depends on your super fund, the components of your balance and who receives the benefit.

Benefits

  • Preserve wealth for beneficiaries
  • Ensure superannuation is distributed tax-effectively
  • Minimise legal disputes by clarifying tax treatment
  • Protect family businesses and properties from being sold prematurely
Self Managed Superannuation Funds

Specialised Wills and Estate Planning Services

At ALA Law, we understand that every estate is unique. Our experienced team provides comprehensive estate planning services and can assist with drafting complex Wills that provide practical guidance tailored to a range of circumstances, including:

  • Testamentary Trusts –Testamentary Trusts provide asset protection and tax benefits for your beneficiaries, ensuring your estate is managed effectively and distributed in a way that aligns with your long-term wishes.
  • Special Disability Trusts – Ensuring ongoing financial support for beneficiaries with disabilities while preserving their eligibility for government benefits.
  • Life Estates – Granting a person the right to use or live in a property for their lifetime, with ownership passing to a designated beneficiary thereafter.
  • Charitable Bequests – Leaving a lasting legacy by supporting charities or causes that matter to you.
  • Small Business Estate Planning – Structuring Wills to ensure the smooth succession and protection of business assets.

How it works

We keep the process clear and simple, so you always know what happens next.

  1. Get in touchCall us or request a call back. We will send you a short information form to help you gather the details we need.
  2. Your planning meetingWe talk about your family, assets, super and goals, and explain your options in plain English – in person in Penrith, by phone or by video.
  3. Working with your accountantWith your permission, we liaise with your accountant or financial adviser so the legal and tax advice fits together.
  4. Drafting and signingWe prepare your Will, any testamentary trusts and supporting documents, then guide you through signing them correctly.
  5. Keeping it up to dateWe recommend reviewing your estate plan every few years, or after a major life change such as marriage, separation, a new grandchild or selling a business.

Fixed-fee quotes available.

Meet your estate planning lawyer

Jacinta Watkins – Partner, Wills and Estates

Jacinta guides clients through Wills, estate planning and deceased estates with compassion and care. Her clients describe her as thoughtful, considerate and detail-oriented – a lawyer who takes the time to get every aspect of their matter right.

Jacinta and our estate planning team work closely with your accountant and financial adviser, so your estate plan is both legally sound and tax-effective.

Read more about Jacinta

Jacinta Watkins, Partner – Wills and Estates at ALA Law

What our clients say

Don’t just take our word for it. Read what our past clients have to say about our compassionate approach, clear advice, and commitment to achieving the best possible outcomes.

Frequently asked questions

What taxes apply when I die in Australia?

There’s no inheritance tax, but capital gains tax, income tax on distributed income, and superannuation death benefit tax may apply.

How can a Testamentary Trust reduce tax?

It allows income to be split between beneficiaries (often taxed at lower rates), reducing overall tax payable.

Do superannuation funds form part of my estate?

Not automatically – unless you have a valid binding death benefit nomination, your super fund trustees decide how it’s paid. This is why superannuation should be considered as part of both your estate plan and any later estate administration involving deceased estates.

Can charitable gifts reduce tax for my estate or beneficiaries?

Yes, charitable giving can sometimes be structured to reduce taxable income or provide other benefits.

Should I involve my accountant in estate planning?

Definitely – estate planning works best when your lawyer and accountant work together.

Where to from here?

If you have any questions about your existing Will or need guidance on preparing a new one, we’re here to help. Contact us to schedule a consultation.

Before your appointment, we will provide you with an information form to complete. This will help you gather the necessary details and ensure we can provide advice based on your circumstances.

Helpful things to have on hand:

  • Your current Will and any Power of Attorney or Appointment of Enduring Guardian
  • Recent superannuation statements and any existing death benefit nominations
  • Details of property, investments, shares and bank accounts
  • Information about any family trusts, companies or SMSFs
  • Your accountant’s and financial adviser’s contact details

Get advice from our Estate Planning Lawyers today.

Please contact us to arrange a confidential appointment with one of our friendly solicitors.