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GJA Law – Trusted Estate Planning Guidance for Sydney Families

Plan with Confidence. Protect What Matters Most.

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Estate planning is often misunderstood as something only the wealthy or elderly need to consider. In reality, it’s a vital legal process for anyone who owns assets, has dependents, or simply wishes to ensure their final wishes are respected. In Sydney—where property values are high and family structures increasingly complex—thoughtful, legally sound estate planning is more important than ever.

At GJA Law, our Sydney-based estate planning lawyers help individuals and families create clear, enforceable plans that reflect their values, protect their loved ones, and minimise the risk of disputes after death. Whether you’re a young professional, a parent, a retiree, or managing a blended family, proper estate planning gives you control over your legacy.

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    What Is Estate Planning?

    Estate planning is the legal process of arranging how your assets—such as property, bank accounts, investments, and personal belongings—will be managed during your lifetime and distributed after your death. It also includes planning for your healthcare and financial decisions if you lose mental capacity.

    In New South Wales, estate planning is governed primarily by the Succession Act 2006 (NSW), the Trustee Act 1925 (NSW), and common law principles. A well-structured estate plan not only ensures your wishes are followed but can also reduce tax liabilities, avoid lengthy probate delays, and prevent family conflict.

    • We used GJA to update our wills , powers of attorney and receive advice on probate matters – they provided us with professional , efficient and friendly service and advice and we would be happy to recommend them to others.

      John


    Read More Testimonials from our Clients!

    Role of an Estate Planning Lawyer in Sydney

    While DIY will kits are widely available, they often fail to account for the nuances of NSW law or individual circumstances—leading to invalid documents or unintended outcomes. An experienced estate planning lawyer in Sydney provides far more than document drafting:

    • Advising on legal options tailored to your family, assets, and goals
    • Identifying potential risks, such as challenges from excluded beneficiaries
    • Ensuring compliance with formal execution requirements (e.g., witnessing rules)
    • Coordinating with accountants or financial advisors on tax-efficient structuring
    • Updating plans as your life changes (marriage, divorce, new children, business interests)

    Crucially, a lawyer helps you anticipate and mitigate family provision claims—a common source of costly and emotionally draining estate litigation in NSW.

    What’s Included in an Estate Plan?

    A well-prepared estate plan ensures that your wishes are carried out, your assets are distributed as intended, and the people you trust are legally empowered to act on your behalf. Our services include:

    • Drafting and updating Wills
    • Preparing Enduring Powers of Attorney
    • Creating Appointments of Enduring Guardian
    • Structuring testamentary and family trusts
    • Advice on superannuation and jointly held assets
    • Estate planning for blended families and business owners

    We’ll work closely with you to understand your personal, financial, and family circumstances and tailor a plan that provides long-term peace of mind.

    Who Needs Estate Planning in Sydney?

    The answer is simple: everyone. You don’t need a multi-million-dollar portfolio to benefit from estate planning. If you:

    • Own property (even a modest apartment in Sydney)
    • Have children or dependents
    • Are in a de facto or married relationship
    • Run a business
    • Wish to leave gifts to charities or friends
    • Want to avoid family conflict

    …then you need an estate plan. In fact, dying without a valid Will (intestacy) means your estate is distributed according to a rigid government formula under the Succession Act—which may exclude your partner, stepchildren, or close friends entirely.

    Estate Planning for Different Life Stages

    Your estate plan should evolve with your life:

    • Young adults: Even with few assets, a basic Will and EPA ensure your wishes are respected in case of accident or illness.
    • Parents: Essential to appoint guardians for minor children and structure trusts for their financial support.
    • Blended families: Require careful drafting to balance obligations to current partners and children from previous relationships.
    • Retirees: Often focus on asset protection, aged care planning, and minimising tax for beneficiaries.
    • Business owners: Need succession plans, buy-sell agreements, and consideration of how business assets are held.

    A “set-and-forget” approach is risky. Major life events—marriage, divorce, the birth of a child, or the purchase of real estate—should always trigger a plan review.

    Common Estate Planning Mistakes to Avoid

    Even well-intentioned plans can go awry without proper legal guidance. Common pitfalls include:

    • Using outdated or generic templates that don’t comply with NSW witnessing or capacity rules
    • Failing to update your Will after marriage or divorce (marriage automatically revokes a prior Will in NSW unless made in contemplation of that marriage)
    • Not naming alternate executors or guardians
    • Assuming superannuation or life insurance automatically forms part of your estate (these often pass outside your Will via binding or non-binding nominations)
    • Leaving assets outright to vulnerable beneficiaries (e.g., those with addiction or disability) without protective trusts

    One Sydney client discovered too late that their handwritten “Will” was invalid because it wasn’t properly witnessed—resulting in years of court battles among siblings.

    • I really appreciated the kind engagement and the sincerity of my experience with Grahame Jackson & Associates. I always felt reassured and safe,·but most importantly I knew I was in capable hands along the various aspects of the process. I was certainly treated as an individual with a unique situation, also with respect and friendly support during this time of need. Many thanks to Grahame and his team.

      Richard

    Minimising Disputes and Family Provision Claims

    One of the biggest risks in estate administration is a family provision claim under Part 3 of the Succession Act 2006. Eligible persons—including spouses, children, and sometimes grandchildren or dependents—can apply to the NSW Supreme Court for greater provision from your estate if they believe you failed to make “adequate provision” for their proper maintenance, education, or advancement in life.

    To reduce the risk:

    • Document your reasons for excluding someone (e.g., estrangement, prior support) in a separate letter held with your Will
    • Consider testamentary trusts to control how and when beneficiaries receive assets
    • Make strategic gifts during your lifetime (with legal advice to avoid clawback claims)
    • Ensure your Will is clear, unambiguous, and professionally drafted

    At GJA Law, we help clients structure their estates to honour their wishes while anticipating potential challenges—protecting both their legacy and their family’s peace.

    Learn More About Wills

    Why Choose GJA Law?

    • Practical, plain-English advice from experienced Sydney estate lawyers
    • Thoughtful planning with your values and goals at the centre
    • Fixed-fee pricing with no surprises
    • Prompt service and responsive communication
    • Focus on Sydney clients, including families in the Lower North Shore

    Estate planning isn’t just for the wealthy. It’s for anyone who wants to make life easier for their family and ensure their voice is heard, even when they’re no longer here.

    Contact GJA Law today to start the conversation and take control of your future.

    Common Estate Planning FAQs

    I have a simple estate. Why do I need a lawyer instead of a DIY will kit?

    While DIY kits may seem cost-effective, they often fail to address the specific nuances of NSW succession law. A minor error in signing or witnessing can render a Will entirely invalid, leaving your estate to be distributed under the inflexible rules of intestacy. Furthermore, DIY kits cannot provide tailored advice for complex situations like blended families, business assets, or protecting vulnerable beneficiaries. Our role is to ensure your documents are legally binding and that your plan achieves your exact wishes.

    What happens if I die without a Will in NSW?

    Dying without a valid Will is called dying “intestate.” Under NSW law, your assets are then distributed according to a strict statutory formula under the Succession Act 2006. This formula may not reflect your personal wishes and could exclude your de facto partner, stepchildren, or close friends. It also means the court appoints an administrator to handle your estate, which can be a slower, more expensive, and stressful process for your loved ones.

    What is the difference between an Enduring Power of Attorney and an Enduring Guardian?

    An Enduring Power of Attorney (EPA) appoints someone to manage your financial and legal affairs (e.g., paying bills, managing investments) if you lose capacity. An Appointment of Enduring Guardian authorises someone to make lifestyle and health decisions for you (e.g., medical treatment, accommodation). Both are crucial for comprehensive incapacity planning, and we ensure they are correctly drafted to work under NSW law.

    Does my superannuation and life insurance form part of my estate?

    Not automatically. These assets are often paid directly to nominated beneficiaries outside of your Will. It is critical to review your binding and non-binding death benefit nominations with your super fund and insurer to ensure they align with your overall estate plan. We coordinate this advice as part of our holistic planning process to prevent unintended outcomes.

    How can I prevent family disputes over my Will after I’m gone?

    Disputes often arise when beneficiaries feel unfairly excluded or inadequately provided for. To minimise risk, we advise on strategies such as including a clear statement of reasons for your decisions, considering protective testamentary trusts, and ensuring your Will is professionally drafted to be unambiguous. Proactive legal planning is the most effective way to reduce the likelihood of a costly family provision claim in the NSW Supreme Court.

    How often should I review and update my estate plan?

    You should review your plan after any major life event, such as marriage, divorce, the birth of a child, a significant change in assets, or the death of a beneficiary. Marriage, for example, automatically revokes an existing Will in NSW unless it was made in contemplation of that marriage. We recommend a formal review every 3-5 years to ensure your plan remains current with both your circumstances and the law.

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