Wills in Sydney
Wills are a significant legal matter that affect many individuals and families in Sydney. At GJA Law, we provide clear, practical advice and tailored services designed to protect your interests. Our approach combines local expertise, transparency in fees, and a commitment to simplifying complex legal processes.
What Is a Will?
A Will is a legal document that outlines how your assets—such as your home, savings, investments, and personal belongings—should be managed and distributed after your death. It also allows you to appoint an executor (the person who administers your estate) and, if you have minor children, nominate a guardian to care for them.
Start Your Legal Matter with Confidence
Having a valid Will helps reduce uncertainty, prevent disputes, and ensure your wishes are carried out exactly as you intended. At GJA Law, we explain the law in plain English and provide practical examples so you can make confident, informed decisions—without legal jargon or unnecessary stress.
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Who Should Have a Will in Sydney?
The short answer: everyone over the age of 18 who owns any asset or has someone who depends on them.
You especially need a Will if you:
- Own property (even a modest unit in Sydney’s competitive market)
- Have children or other dependents
- Are married, in a de facto relationship, or part of a blended family
- Run a business or hold shares
- Wish to support friends, charities, or specific causes
Contrary to popular belief, estate planning isn’t just for the elderly or wealthy. Accidents, illness, or unexpected events can happen at any age. A Will ensures that, no matter what, your voice is still heard.
Legal Requirements for a Valid Will
Under the Succession Act 2006 (NSW), a Will is only valid if it meets strict legal criteria:
- In writing – Handwritten, typed, or printed is acceptable.
- Signed by the will-maker (testator) with the clear intention of making a Will.
- Witnessed by two independent adults who are present at the same time and also sign the document. Importantly, witnesses (and their spouses) cannot be beneficiaries, or they may lose their entitlement.
- Made with testamentary capacity – You must understand the nature of making a Will, know the extent of your assets, and comprehend who might expect to benefit.
Failure to meet even one of these requirements can render your Will invalid—meaning the court may treat you as having died without a Will (intestate), and your estate will be distributed according to a government formula.
What to Include in a Will
A well-drafted Will goes beyond listing assets. Key components include:
- Appointment of an executor – Choose someone trustworthy, organised, and preferably younger than you.
- Beneficiaries and gifts – Specify who gets what, including specific items (e.g., “my grandmother’s ring to my daughter”) and residual estate shares.
- Guardianship provisions – If you have children under 18, name a guardian.
- Testamentary trusts – Optional but powerful tools to protect assets for minors, vulnerable beneficiaries, or tax planning.
- Alternate arrangements – What happens if a beneficiary predeceases you?
At GJA Law, we help you think through these decisions carefully, ensuring your Will reflects not just your assets—but your values.
Updating or Changing a Will
Life changes—and so should your Will. Major events that should prompt a review include:
- Marriage or divorce (note: marriage automatically revokes a prior Will in NSW unless made in contemplation of that marriage)
- Birth or adoption of a child
- Death of a beneficiary or executor
- Significant changes in your financial situation
- Moving interstate or overseas
You can update your Will by making a codicil (a legal amendment) or, more commonly, by drafting a new Will that revokes all previous versions. We recommend reviewing your Will every 3–5 years or after any major life event.
What Happens If You Die Without a Will?
Dying intestate (without a valid Will) means your estate is distributed under the Intestacy Rules in the Succession Act 2006. For example:
- If you’re survived by a spouse but no children, your spouse inherits everything.
- If you have a spouse and children, the spouse gets a statutory legacy (currently $500,000+) plus household items, and the remainder is split.
- If you’re in a de facto relationship of less than two years, your partner may receive nothing unless they prove dependency.
- Friends, charities, or estranged relatives are not entitled under intestacy.
The result? Your partner might be forced to sell your home, your children may miss out, or the Public Trustee could be appointed to manage your estate—adding cost and delay.
Common Mistakes to Avoid When Making a Will
Even small errors can have big consequences. Common pitfalls include:
- Using DIY kits or online templates that don’t comply with NSW witnessing rules
- Failing to store the Will safely (lost Wills are legally presumed revoked)
- Assuming superannuation or life insurance passes via your Will (it usually doesn’t—check your nominations)
- Leaving assets outright to someone with addiction, debt, or disability without protective structures
- Not naming substitute executors or beneficiaries
One client came to us after their handwritten Will was challenged because one witness was also a beneficiary—disqualifying that gift and triggering a family dispute. Proper legal drafting prevents these avoidable issues.
Our Services
We handle a wide range of Powers of Attorney & Guardianship issues, such as:
- Drafting or reviewing contracts
- Explaining your rights in plain terms
- Assisting with disputes and negotiations
- Coordinating with outside professionals
- Finalising the matter efficiently and accurately
Why Choose GJA Law?
- Practical, down-to-earth advice
- Affordable fixed-fee options
- Years of proven expertise in property and family law
- Smart technology for faster outcomes
- A people-first approach that values your peace of mind
Learn More About Estate Panning
Contact Us
If you are dealing with Wills in Sydney, don’t wait until it’s too late. Contact GJA Law today. Our experienced lawyers will guide you through every step—ensuring your wishes are respected, your family is protected, and your legacy endures.
Common Wills FAQs
A Will must meet four key requirements under NSW law: it must be in writing, signed by you (the testator), and witnessed by two independent adults who are present at the same time and who also sign. Crucially, these witnesses (and their spouses) cannot be beneficiaries in the Will. Finally, you must have “testamentary capacity”—meaning you understand the nature of making a Will, the extent of your assets, and who might expect to benefit. Missing any one of these can invalidate the entire document.
If you die without a Will and have minor children, the Supreme Court of NSW will decide who is appointed as their guardian, often after a potentially stressful and costly legal process. This may not align with your wishes. By having a Will, you can formally nominate a guardian for your children, providing clear direction for their care and ensuring someone you trust is legally recognised to raise them.
We recommend reviewing your Will every 3-5 years or after any major life event. Key events that should trigger an immediate review include: marriage or divorce (marriage automatically revokes a previous Will in NSW), the birth of a child, a significant change in your assets (like buying or selling a Sydney property), or the death of a named beneficiary or executor. An outdated Will can lead to unintended outcomes.
These assets do not automatically form part of your estate under your Will. They are typically paid directly to the beneficiaries you have nominated with your super fund or insurer. It is vital to ensure your binding death benefit nominations are up-to-date and aligned with the overall intentions in your Will. We help coordinate this as part of a comprehensive estate plan.
The greatest risk is creating an invalid or ambiguous document. DIY kits often fail to account for the specific formalities of NSW law or complex personal situations like blended families, business assets, or vulnerable beneficiaries. An error in witnessing or unclear instructions can lead to the Will being challenged, resulting in lengthy family disputes, costly court proceedings, and your assets being distributed against your wishes.
An executor is the person you appoint in your Will to carry out your wishes—they are responsible for administering your estate, paying debts, and distributing assets. A beneficiary is a person or entity (like a charity) who receives a gift from your estate. It is common to appoint a trusted person as both an executor and a beneficiary, but you can also choose different people for these roles.
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