Will Lawyer Newcastle
With offices in Newcastle, Central Coast and Sydney
A valid will protects the people you love from unnecessary stress, delay and disputes. Whether you’re writing your first will, updating one after a big life change, or you’ve simply never gotten around to it, our wills and estates lawyers will make sure your wishes are set out clearly and legally.
How we can help
Our estate lawyers regularly help families across New South Wales secure their legacy. Whitelaw McDonald’s wills and estates team can assist with:
- Writing a new will
- Updating or reviewing an existing will
- Enduring Power of Attorney
- Enduring Guardianship
- Testamentary trusts
- Estate planning and asset protection
- Estate and probate administration
- Contesting or defending a will
We work with clients across Newcastle, the Central Coast, Sydney, Coffs Harbour, and NSW-wide, and can meet in person or over the phone if that’s easier.
Speak with our Wills and Estates Expert Jessica Rea
Jessica comes from a commercial law background, and approaches estates with a broader view of wealth and succession planning. She is passionate about estate and trusts law, and loves helping her clients achieve security for their future.
Key things to consider when making your will
Rather than using a generic will kit – which is built to handle only the most basic situations – it’s worth getting advice tailored to your circumstances. In law, particular words carry particular meanings, and getting them wrong can cause unintended consequences and real problems for the people carrying out your wishes.
The right approach to your will depends on things like:
- Special provisions for the education and maintenance of children under 18
- Other dependants or people you want to provide for
- Blended family situations
- Leaving unequal shares to different beneficiaries
- A dependant who has a disability
- A beneficiary who is a minor, vulnerable, or not good with money
- Your superannuation and how it’s dealt with outside your estate
- The spread of your assets and any liabilities attached to them
- Assets you own jointly with someone else
- Business interests – companies, trusts, partnerships or joint ventures
- Tax issues, including capital gains tax
- How far you want to go to protect assets for your beneficiaries’ benefit
If you have business interests, we’ll usually want to loop in your accountant or financial adviser once we understand what you’re trying to achieve, so everything lines up.
A will can’t stop every possible legal challenge – but a properly considered one gives your wishes the best chance of holding up, and gives your executor a much easier job.
When should you update your will?
A will isn’t a set-and-forget document. It’s worth reviewing yours whenever your life changes in a meaningful way, including:
- Getting married, separating or divorcing (marriage automatically revokes an earlier will in NSW, while divorce cancels gifts and appointments involving a former spouse)
- Having a child or grandchild
- Buying or selling property
- Starting, growing or winding up a business
- The death of a beneficiary or your executor
- A significant change in the value of your assets or super
- Moving to NSW from another state or country
If any of these apply to you, it’s a good time to have your will looked at.
Why a valid will matters
If you die without a will in place, the law decides how your assets are distributed. This is often not nearly as clean, won’t fully align with your preferences, and opens your beneficiaries up to added dispute. The bequeathing of your assets would then follow a fixed formula that may not recognise some of your closest loved ones in certain circumstances (a de facto partner, stepchildren, friends), may not distribute assets between multiple parties (if you have a spouse, they may receive everything instead of some split between other loved ones like children), and leaves distribution exposed to technicalities – for instance, a spouse you’re separated from but never formally divorced is still legally entitled to your entire estate.
These are ultimately your loved ones and your hard-earned assets and the decision about where they go should be yours. A lawyer-drafted will gives you and your family real peace of mind that your wishes, not a default outcome, are what gets carried out.
What happens if I die without a will?
If you die without a valid will in NSW, you’re considered to have died intestate, and your estate is distributed under a fixed formula set out in the Succession Act 2006 (NSW), regardless of what you would have wanted. In broad terms, the order is:
- Your spouse inherits the entire estate (if you have one and no children from another relationship)
- If there’s no spouse, your children inherit equally
- If there’s no spouse or children, your parents inherit
- If there are no surviving parents, your siblings inherit
- If no eligible relatives can be found, your estate goes to the NSW Government
A de facto partner would need to demonstrate the relationship lasted for two years or produced a child to be considered. Stepchildren or friends would generally not be covered. The law doesn’t favour the people you may have spent the most time with, benefitted the most from, or loved the most, and there is no easy path to equally distribute amongst loved ones.
Talk to our wills and estates team
Our team has extensive experience guiding clients through estate planning, from a first straightforward will through to more complex succession and business planning. We know every situation is different, and we’ll tailor our advice to what you and your family needs for peace of mind.
Get in touch today
Let us know about your will or estate needs, and we’ll be in touch with some advice.
What Our Clients Say
“Both Jessica Rea and Georgia Filis were professional up-to-date and prompt in their service. Every detail with respect to decisions, processes and final documents pertinent to Estate Planning, were sensitively explained in full. I have been a long-time client of Whitelaw McDonald lawyers: Jessica and Georgia upheld their values of client-centred service, in every way.”
— Rhonda W.
“Unfortunately I have dealt with more than my fair share of legal eagles over the years in various forums and I can honestly say that dealing with Jessica was an eye opener, she displayed appropriate empathy and more importantly had a full understanding of my case. She was clearly “switched on” and confident as to the avenues I can take. I have no hesitation in recommending her if you have estate issues.”
— Paul S.
“Very capable firm with a knowledgeable team.”
— Naomi S.
Where to Find Us
Our Newcastle office is located at 5/76 Park Ave, Kotara NSW 2289, directly opposite Westfield Kotara.
Our Central Coast office is located at Suite 3, Building C, Fountain Corporate, No. 2 Ilya Avenue
Erina NSW 2250.
Our Sydney office is located at 57/25 Martin Place, Sydney NSW 2000.
Kindly get in touch to arrange an appointment.
Frequently Asked Questions
Your estate is distributed under the fixed rules of intestacy in the Succession Act 2006 (NSW). The people you actually want to benefit may receive nothing.
It must be in writing, signed by you, and your signature must be made or acknowledged in front of two witnesses, who then also sign it. Anyone who’s a beneficiary under the will generally shouldn’t act as a witness, as this can affect their gift.
You’re not legally required to use a lawyer, but a will kit is typically a basic document. For peace of mind on a document as important as a will, especially if you have children, a blended family, a business, complex assets, or want to provide for someone with a disability, professional advice helps make sure your wording actually achieves what you intend and helps avoid disputes later.
Yes. In NSW, getting married generally revokes an earlier will unless it was made in contemplation of that marriage. Divorce cancels any gift to, or appointment of, a former spouse, but doesn’t cancel the whole will. Either way, it’s worth having your will reviewed.
Someone you trust completely, who is organised, willing to take on the role, and likely to be around when the time comes. This is often a spouse, an adult child, a close friend or relative, or a professional executor (a lawyer, accountant, or trustee company).
A testamentary trust is a trust set up through your will that comes into effect when you die. It can help protect an inheritance for a beneficiary who’s a minor, has a disability, or shouldn’t receive a lump sum outright – and can offer tax advantages for your beneficiaries. Whether you need one depends on your family and financial circumstances.
These situations often need more careful drafting than a standard will – for example, making sure a dependant with a disability is provided for without affecting their access to government support, or balancing provision between a current partner and children from an earlier relationship. This is exactly the kind of circumstance where professional advice makes a big difference.
It may be, but succession laws differ between states and countries. If you’ve moved to NSW, it’s worth having your existing will reviewed to make sure it still does what you intended.
It depends on how straightforward or complex your circumstances are. We’ll always discuss costs upfront before any work begins, so there are no surprises.