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Will Solicitors | Penrith | Wills Lawyers
Making a will
Creating a Will is a crucial step in protecting your loved ones and ensuring your assets are distributed according to your wishes. At ALA Law, we provide expert guidance to help you draft a legally sound Will that reflects your intentions.
We also assist with estate planning to:
- Minimise tax implications for your beneficiaries
- Safeguard the financial future of those who matter most
- Provide for your children and minor beneficiaries
- Reduce the risk of estate disputes, especially in complex situations
Key Considerations Before Your Appointment
- Who will be your Executor? This person will be responsible for estate administration, ensuring your assets are distributed according to your wishes.
- Would you like to appoint more than one Executor?
- Who should act as an Alternate Executor? If your chosen Executor is unable to fulfil their role, who should take their place?
- Do you have specific gifts you would like to leave? Consider any sentimental or financial assets you wish to allocate to particular individuals or organisations.
- Where should the remainder of your estate go? Would you like it to be distributed to your spouse, partner, children, or other beneficiaries?
- Are there minor beneficiaries? If so, would you prefer a separate Trustee to manage their inheritance until they reach a specified age? What age do you believe is appropriate for them to receive their entitlement?
- Who will be the guardian of your children? If you have children under 18, it is essential to appoint a trusted guardian in the event of your passing.
- Do you have preferences regarding burial or cremation? If you have specific wishes, would you like them documented in your Will?
- Would you like to include your organ donation preferences in your Will?
Taking the time to consider these questions will help ensure your Will is comprehensive and reflects your wishes with clarity. Our team at ALA Law is here to guide you through this process with expertise and care.
Enduring Powers of Attorney & Guardianship
Estate planning goes beyond what happens after you pass away. An Enduring Power of Attorney allows a trusted person to manage your financial and legal affairs if you lose capacity, while an Enduring Guardianship ensures your health and lifestyle decisions are made in accordance with your wishes. These documents provide security and peace of mind, ensuring your affairs are handled by someone you trust when you are no longer able to make decisions yourself.
What If My Situation Is Complex?
Estate planning can be complicated, particularly when personal and financial circumstances involve multiple factors. At ALA Law, we have over 30 years of collective experience in drafting complex Wills and estate plans, ensuring that your wishes are protected and legally sound.
Common factors that can add complexity include:
- Multiple marriages, relationships, and children from different relationships
- Divorce and remarriage
- The interaction between Family Law and estate matters
- The involvement of Family Trusts, Self-Managed Superannuation Funds, and corporate structures
- Excluding individuals who may otherwise be entitled to provision from your estate, which could lead to a family provision claim
- Situations where an entitled person has acted in a way that may disqualify them from receiving a provision
- Complex or high-value gifts
- Forgiveness of debts
- Providing for beneficiaries with disabilities
- Planning for minor beneficiaries and managing their inheritance responsibly
Navigating complex Wills and estate planning requires expertise in estate law. At ALA Law, our team ensures your estate plan aligns with the legal framework and protects your interests.
Specialised Wills and Estate Planning
At ALA Law, we understand that every estate is unique. Our expertise extends to drafting complex Wills that provide tailored solutions for 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.
Frequently Asked Questions
What happens if I die without a Will in NSW?
Dying without a valid Will is known as dying “intestate,” meaning your estate will be distributed according to a rigid legal formula set out in the Succession Act 2006 (NSW). Instead of you choosing your beneficiaries, the law determines how assets are split between spouses, children, and other relatives, which may not reflect your personal wishes. Our Penrith team helps families navigate the complex process of applying for “Letters of Administration” when this occurs, while strongly advising clients to create a Will to maintain control over their legacy and simplify the process for their loved ones.
Avoid leaving your family’s future to chance by understanding the rules of intestacy and the importance of having a valid Will in NSW.
Can I do an “At Home” or DIY Will safely?
While DIY Will kits and online templates are available, they often lack the legal precision required to account for complex family dynamics or specific asset structures, frequently leading to invalidity. Common errors in at-home Wills – such as incorrect witnessing or incomplete gift distribution – can force an estate into intestacy or trigger costly legal “clean-ups” and litigation during probate. Our Penrith solicitors recommend professional drafting to ensure your Will is legally robust, providing your executor with a clear, enforceable path that protects your estate’s value.
Avoid the hidden costs and legal risks of DIY kits by reading our guide on why “simple” at-home Wills often lead to complex estate disputes.
What is a ‘Parental Appointment’ and why can’t children be included in a Will appointment?
A Will appointment is a confidential legal consultation where instructions are given to draft your final wishes. It is standard practice to exclude children (including adult beneficiaries) from these meetings to protect the validity of the Will against future claims of “undue influence.” Ensuring the Will-maker provides instructions voluntarily and in private safeguards the document from being contested. Additionally, excluding minors protects them from sensitive discussions regarding death and family disputes, while excluding adult children preserves your right to legal professional privilege. Our Penrith team encourages spouses to attend together, but children should remain separate to ensure your wishes are legally robust.
Protect the integrity of your Will by understanding the legal requirements for a confidential and influence-free estate planning appointment.
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.
Have a question for our Estate Lawyers?
Please contact us to have arrange a confidential appointment with one of our friendly solicitor
