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Will & Estate Planning Lawyers | Sydney | ALA Law
If you’re in Sydney and looking to prepare your Will, Power of Attorney, or Enduring Guardianship, it’s important to have estate planning lawyers who combine legal expertise with genuine care and guidance.
At ALA Law (formerly Amanda Little & Associates), we support families across Sydney and surrounding suburbs with tailored estate planning services. We understand that planning for the future can feel confronting, which is why our experienced team is here to make the process clear, supportive, and stress-free—helping you put the right protections in place with confidence.
What is an Estate Plan?
An estate plan ensures your assets are distributed according to your wishes while protecting your beneficiaries and minimising tax implications. Our experienced Sydney estate planning lawyers guide you through the legal process, helping you make informed decisions about your estate.
An effective estate plan includes:
- Assessing Your Assets and Liabilities – Understanding your financial position is the first step in planning for the future.
- Strategic Planning with Experts – We collaborate with your financial planner or accountant to consider the tax implications of your estate and gifts.
- Reviewing Asset Ownership Structures – We examine how your assets are held, including jointly owned property, superannuation nominations, and assets outside your estate.
- Implementing Asset Protection Strategies – We provide guidance on actions required to protect assets, including quarantining them for the estate, transferring interests, and setting up binding death nominations.
- Preparing Legal Documents – Depending on your needs, we draft Wills, Powers of Attorney, and other legal documents, ensuring your estate plan reflects your specific circumstances. This may include testamentary trusts, special disability trusts, or life estates.
Estate Planning Services
Our dedicated team of estate planning lawyers is here to guide you through every step of the process, providing clarity and peace of mind so you can focus on what matters most.
Making a Will
A well-structured Will ensures your wishes are honoured and helps protect your family members and loved ones from potential estate disputes. With over 30 years of combined experience, ALA Law’s solicitors specialise in drafting complex Wills and estate plans tailored to your unique circumstances.
Estate planning can become particularly intricate in cases involving:
- Blended families, including multiple marriages and children from different relationships
- Divorce and remarriage
- The intersection of Family Law and Estate Law
- Managing Family Trusts, Self-Managed Superannuation Funds, and corporate assets within an estate
- Excluding individuals who may have a claim under family provision laws
- Situations where a beneficiary’s past actions may impact their entitlement
- Structuring complex gifts and debt forgiveness
- Providing for beneficiaries with disabilities
Protecting the interests of minor beneficiaries
Every estate is unique, and ensuring your Will is legally sound requires careful planning and expert guidance. Contact us today to safeguard your legacy and secure your family’s future.
Power of Attorney
A Power of Attorney is a crucial legal document that allows you to appoint a trusted person, known as your “Attorney”, to manage your legal and financial affairs during your lifetime. To make a valid Power of Attorney, you must be over 18 years old and have the legal capacity to understand the nature and consequences of the appointment.
At ALA Law, we guide you through the process to ensure your Power of Attorney aligns with your needs and provides the necessary protection for your future.
There are two types of Power of Attorney depending on your legal needs:
- Enduring Power of Attorney – an Enduring Power of Attorney ensures that if you lose mental capacity, your appointed Attorney can continue managing your financial and property affairs on your behalf. This provides essential security, ensuring your assets are protected and financial obligations are met until you regain capacity or pass away.
- General Power of Attorney – a General Power of Attorney grants authority to manage financial and legal matters for a specific period or purpose, such as handling transactions while you are overseas or executing contracts on your behalf. Unlike an Enduring Power of Attorney, this authority ceases if you lose mental capacity.
Choosing the right Power of Attorney is an important decision. Our experienced estate planning lawyers provide clear, practical advice to help you make informed choices that safeguard your interests. Contact us today to discuss how we can assist you.
Enduring Guardianship
An Enduring Guardian plays a vital role in your estate planning, ensuring that your personal, medical, and lifestyle decisions are made by someone you trust if you lose the capacity to make them yourself. By appointing an Enduring Guardian, you maintain control over who will advocate for your best interests when you are unable to do so.
If you are over 18 years of age and have the mental capacity to understand the appointment, you can nominate one or more trusted individuals as your Enduring Guardian/s. This legal safeguard provides peace of mind, knowing that your future care and wellbeing will be in capable hands.
At ALA Law, we provide expert guidance to help you make informed decisions about your Enduring Guardianship, ensuring your wishes are respected. Contact us today to learn more.
Complex Estate Matters
Estate planning can involve intricate legal and financial considerations, especially in complex situations. We provide expert guidance tailored to individual circumstances, ensuring your estate is structured and managed according to your wishes.
Beyond drafting Wills and standard estate planning, our experienced team offers a comprehensive range of legal services, including:
Testamentary Trusts
A testamentary trust is a trust established through your Will, designed to provide greater asset protection and financial benefits for your beneficiaries. Depending on your needs, there are different types of testamentary trusts, including:
- Discretionary Trusts – Offering flexibility in managing assets for beneficiaries.
- Special Disability Trusts – Providing for beneficiaries with disabilities while protecting their entitlements.
When Should You Consider a Testamentary Trust?
A testamentary trust may be beneficial if you want to:
- Protect assets from creditors in the event of financial difficulties.
- Safeguard assets from family law disputes, such as divorce and property settlements.
- Preserve wealth against claims from new spouses or marriages.
- Allocate funds for education and other specific purposes.
- Support high-risk professionals (e.g. doctors, lawyers) whose assets may be subject to legal claims.
- Provide financial security for beneficiaries with ongoing challenges, such as gambling, substance abuse, or poor financial management.
- Maximise tax benefits through income splitting.
- Prevent potential Will disputes or family provision claims.
- Ensure ongoing care for a child with a disability.
Given the complexity and long-term responsibilities involved, it’s essential to seek expert legal advice when considering a testamentary trust. We can guide you through the process and help determine whether this is the right option for your estate plan. Contact us today to discuss your estate planning needs.
If you have been excluded from a Will or have not received an expected inheritance, you may have the right to contest the Will through the Supreme Court of New South Wales by making a Family Provision Claim under Chapter 3 of the Succession Act 2006 (NSW).
Who Can Contest a Will?
To challenge an estate, you must be an eligible person, which includes:
- The surviving spouse of the deceased.
- A de facto partner who was living with the deceased.
- A child of the deceased, including adopted children.
- A former spouse of the deceased.
- A person who was in a close personal relationship with the deceased.
- A person who was:
- Wholly or partly dependent on the deceased; or
- A member of the deceased’s household.
If you are in Sydney and believe you have a claim, our experienced team at ALA Law can guide you through the legal process with care and expertise. Contact us today to discuss your options.
Deceased Estates
When someone passes away, their assets become part of their deceased estate, which is usually distributed according to their Will. However, if a person passes away without a Will (intestate), their estate is managed under succession laws, which determine who is entitled to their estate assets and how the estate should be administered.
A knowledgeable wills and estate lawyer can guide you through the process, whether you need assistance administering an estate, applying for Letters of Administration, or contesting a Will.
Probate
If you are an executor of an estate or a loved one has passed away without a Will, you will need to apply for Probate with the Supreme Court of New South Wales to legally administer the estate.
At ALA Law, we know this can be a complex and overwhelming process, so we handle it for you. Our probate lawyers assist with preparing and filing all necessary documents, including:
- Summons for Probate
- Affidavit of Executor
- Inventory of Property
- The Will (including codicils)
- Death Certificate
Contact our experienced team today to discuss your estate administration needs.
Letters of Administration
If a loved one has passed away without a valid Will, you may need to apply for Letters of Administration to become the estate administrator. This process ensures the estate is legally managed and distributed to those entitled under succession laws.
If your loved one had a Will but the original document cannot be located, you may need to apply for Letters of Administration – Will Annexed. This can be a complex legal process, but at ALA Law, we are here to guide you, allowing you to focus on what matters most.
Get in touch with our experienced Wills and Estates lawyers for expert advice and support.
Meet Our Experienced Legal Team
At ALA Law, our team is led by Amanda Little, an Accredited Specialist in Family Law, Mediator, Family Dispute Resolution Practitioner, Collaborative Family Lawyer, Sessional Academic, Public Speaker, and Author. Amanda is widely recognised for her expertise and leadership in Western Sydney, having been named 2019 Business Person of the Year for Penrith and 2019 Business Woman of the Year for Lindsay.
With a team of highly skilled and dedicated lawyers, we are committed to providing expert legal guidance with care, integrity, and professionalism. We prioritise strong relationships with our clients and the broader community, ensuring every case is handled with personalised attention and respect.
Meet our Estate Planning Lawyers in Sydney
Jacinta Watkins
Partner
Estate Planning and Deceased Estate
Collaborative Professional
Bernadette Melhem
Partner: Family Law
Accredited Specialist Family Law, Mediator
Jessica Bristow
Associate
Jayne Howarth
Associate
Julia Davies
Lawyer