TOP 10LAWYERS

Top 10 Wills and Estate Planning Lawyers in Sydney

Ten Sydney wills and estates firms, with what each one suits, who the accredited specialists are, and the NSW rules on wills, probate and claims against an estate.

Google ratings checked 23 October 2026 Updated 23 October 2026

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Grouped by what each firm publishes about its own work. Most firms on this list handle all common estate planning law matters.

The Top 10 Wills and Estate Planning Lawyers in Sydney

Ten estate planning law firms in Sydney, with their experience, accredited specialists, Google ratings and what each one suits.

Teece Hodgson & Ward

Chifley Square, Sydney CBDPrivate client firm, wills and estates focus

3.0

8 Google reviews

Checked 23 October 2026

Best for Executors and families facing a complex or contested estate

  • Five partners are Law Society of NSW accredited specialists in wills and estates law, according to their profiles.
  • Partner Richard Neal co-writes Succession Law and Practice (NSW) and Hutley's Australian Wills Precedents, according to his profile.
  • The firm says the Supreme Court appoints Richard Neal as administrator when executorship is disputed.

Accredited wills and estates law specialists (5)Richard Neal, Caroline Sims, John Maitland, Indran Sinnadurai, Isabel McLelland

First consultation
Call to arrange an appointment, or complete the estate planning questionnaire and email it in. The site doesn't publish first consultation or fee terms.
Office
Level 10, 1 Chifley Square, Sydney NSW 2000
Full profile: lawyers, services and sources

About the firm

Teece Hodgson & Ward is a Chifley Square firm where wills and estates is the core of the practice. Five partners are Law Society of NSW accredited specialists in wills and estates law, the firm says. They include Richard Neal, who co-writes two NSW succession law texts and, according to the firm, is appointed by the Supreme Court as administrator when executorship is disputed. It handles complex planning, overseas estates, probate and contested claims for both sides. It suits executors, families with trusts and anyone facing serious estate litigation. Call to book, or send in the firm's estate planning questionnaire.

Also worth knowing

  • Doyle's Guide named Richard Neal a preeminent NSW wills and estates litigation lawyer from 2015 to 2025, the firm says.

Lawyers

  • Richard Neal, Partner Accredited wills and estates law specialist
  • Caroline Sims, Partner Accredited wills and estates law specialist
  • John Maitland, Partner Accredited wills and estates law specialist
  • Indran Sinnadurai, Partner, estate litigation Accredited wills and estates law specialist
  • Isabel McLelland, Partner Accredited wills and estates law specialist
  • Deborah Linwood, Consultant, wills and estates and property

Areas of estate planning law handled

  • Wills and testamentary trusts
  • Powers of attorney and enduring guardianship
  • Retirement and elder law
  • Probate and letters of administration
  • Interstate and overseas estates
  • Executor disputes
  • Family provision claims
  • Contested probate
  • Capacity and undue influence claims
  • Statutory wills
  • NCAT guardianship and financial management

Office

Level 10, 1 Chifley Square, Sydney NSW 2000

Sources

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Swaab

Hunter Street, Sydney CBDCommercial and private client firm

3.4

34 Google reviews

Checked 18 October 2026

Best for Business owners and families with trusts, companies or a contested estate

  • Swaab's estate planning and wills team was named a recommended leading wills and estates firm in the 2026 Doyle's Guide for NSW, according to the firm.
  • Partner Angela Harvey is a STEP member and Chartered Tax Adviser and was listed in Doyle's 2026 as a leading succession planning lawyer, according to her profile.
  • Special counsel John Trinh handles probate, estate administration and family provision claims, and was named a Doyle's rising star, the firm says.
First consultation
Confidential web enquiry or phone. The site doesn't state first consultation or fee terms.
Office
Level 4, 20 Hunter Street, Sydney NSW 2000
Full profile: lawyers, services and sources

About the firm

Swaab is a Hunter Street firm established in 1981 whose estate planning and wills team was named a recommended leading wills and estates firm in the 2026 Doyle's Guide for NSW, the firm says. Partner Angela Harvey leads both planning and contested estates work. Her profile says she is a STEP member and Chartered Tax Adviser, and that Doyle's has ranked her for succession planning and estates litigation. Special counsel John Trinh and partner Michael Treeby round out the group. The team handles testamentary trusts, family constitutions and business succession. It suits business owners and wealthier families. Enquiries go through a confidential form or phone.

Established in 1981

Also worth knowing

  • The firm was established in 1981 and works from Hunter Street in the CBD.

Lawyers

  • Angela Harvey, Partner, estate planning and contested estates
  • Michael Treeby, Partner, estate planning and wills
  • John Trinh, Special counsel, estate planning and contested estates
  • Colin Skelton, Consultant, estate planning

Areas of estate planning law handled

  • Wills and testamentary trusts
  • Statutory and informal wills
  • Powers of attorney
  • Enduring guardianship and advance care directives
  • NCAT guardianship matters
  • Special disability trusts
  • Business succession and family constitutions
  • Deceased estate administration
  • Deeds of family arrangement
  • Family provision claims
  • Challenging and defending wills
  • Probate caveats

Office

Level 4, 20 Hunter Street, Sydney NSW 2000

Sources

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Coleman Greig Lawyers

Martin Place, Sydney CBD, plus Parramatta, Norwest and PenrithFull service firm

4.0

4 Google reviews

Checked 23 October 2026

Best for Greater Sydney families, including parents planning for a child with disability

  • Principal lawyer Erin Dawson is a Law Society of NSW accredited specialist in wills and estates and has more than 20 years of experience, according to her profile.
  • She was named Wills & Estates Partner of the Year at the 2026 Lawyers Weekly Partner of the Year Awards, the firm says.
  • Senior associate Sophia Johnston was recognised by the Law Society of NSW as an accredited specialist in wills and estates in November 2025, the firm says.

Accredited wills and estates law specialists (2)Erin Dawson, Sophia Johnston

First consultation
Phone or send an enquiry. The firm says its pricing is fair and clearly stated but doesn't publish first consultation terms. JustFund funding is available for eligible executors and beneficiaries.
Office
Level 57, Suite 13, 25 Martin Place, Sydney NSW 2000
Full profile: lawyers, services and sources

About the firm

Coleman Greig is a large Greater Sydney firm with its main office in Parramatta and a CBD office in Martin Place. Its wills and estate planning team is led by principal lawyer Erin Dawson, a Law Society of NSW accredited specialist in wills and estates who, the firm says, was named Wills & Estates Partner of the Year at the 2026 Lawyers Weekly awards. Senior associate Sophia Johnston gained the same accreditation in 2025, according to the firm. The team acts for executors, beneficiaries and claimants, and also plans for parents of children with disability. JustFund funding is offered for eligible estates. Phone or enquire online.

Also worth knowing

  • Doyle's Guide named the firm a recommended estates litigation firm in 2025, according to the firm.

Lawyers

  • Erin Dawson, Principal lawyer and team leader, wills and estate planning Accredited wills and estates law specialist
  • Caroline Hutchinson, Principal and director, contested estates
  • Sophia Johnston, Senior associate, wills and estates Accredited wills and estates law specialist
  • Nicola Sharp, Senior associate, wills and estates
  • Saira Chaudhry, Associate, wills and estates
  • Stephen Booth, Consultant, wills and estates

Areas of estate planning law handled

  • Wills and estate planning
  • Enduring powers of attorney
  • Enduring guardianship
  • Special disability trusts
  • Wills for parents of people with disability
  • Probate and estate administration
  • Family provision claims
  • Executor disputes and removal
  • Will validity and interpretation disputes
  • Breach of trust claims

Office

Level 57, Suite 13, 25 Martin Place, Sydney NSW 2000

Other details

Other offices
Parramatta (Level 15, 32 Smith Street, main line 02 9895 9200), Norwest Baulkham Hills, Penrith

Sources

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Turner Freeman Lawyers

Clarence Street, Sydney CBD, plus Parramatta and PenrithPersonal injury and wills and estates firm

4.7

122 Google reviews

Checked 23 October 2026

Best for Older clients and families who want home or hospital visits

  • Sydney partner Lisa Barca is a Law Society of NSW accredited specialist in wills and estates, according to her profile.
  • Doyle's Guide 2026 named the NSW team a recommended wills, estates and succession planning firm, the firm says.
  • The firm says it offers a no obligation first consultation and will visit clients at home or in hospital.

Accredited wills and estates law specialists (2)Lisa Barca, Karina Penfold

First consultation
No obligation initial consultation, with home or hospital visits if needed, according to the firm. It then sends a written offer setting out your options. Wills and estates fee terms aren't published.
Office
Level 8, 183-185 Clarence Street, Sydney NSW 2000
Full profile: lawyers, services and sources

About the firm

Turner Freeman is a national firm best known for asbestos and injury claims, and it says it has helped Australians for more than 70 years. Its wills and estates team is led by partner Lisa Barca, a Law Society of NSW accredited specialist in wills and estates who speaks Italian. The register lists her at the Parramatta office. The firm says its estates lawyers are STEP members, and Doyle's 2026 named the NSW team a recommended wills, estates and succession planning firm. The first consultation is no obligation, and the firm says its lawyers will visit clients at home or in hospital. It suits older clients.

More than 70 years, according to the firm

Also worth knowing

  • Lisa Barca speaks Italian and works with the Italian community, according to her profile.

Lawyers

  • Lisa Barca, Partner, wills and estates (Sydney and Parramatta) Accredited wills and estates law specialist
  • Julia Fanos, Associate, wills and estates
  • Rachel Khalil, Lawyer, wills and estates
  • Francesca Zappia, Lawyer, wills and estates
  • Ana-lyce Russell, Lawyer, wills and estates
  • Karina Penfold, Partner, wills and estates (Penrith and Windsor) Accredited wills and estates law specialist

Areas of estate planning law handled

  • Wills and testamentary trusts
  • Enduring powers of attorney
  • Enduring guardianship
  • Advance health directives
  • Super and life insurance death benefits
  • Probate and letters of administration
  • Statutory wills
  • Family provision claims
  • Will disputes
  • Executor and beneficiary disputes
  • NCAT guardianship and financial management
  • Elder abuse

Office

Level 8, 183-185 Clarence Street, Sydney NSW 2000

Other details

Other offices
Parramatta, Penrith, Windsor and other NSW, Queensland and SA offices
Languages
Italian (Lisa Barca)

Sources

Back to the list

The Estate Planning Centre

Elizabeth Street, Sydney CBDWills and estates only

5.0

101 Google reviews

Checked 18 October 2026

Best for Families and business owners with trusts, super and blended family issues

  • The firm does only estate planning, deceased estates and estate disputes.
  • Principal Simone Hargreaves holds a Master of Applied Laws in wills and estates and the TEP designation from STEP, according to her profile.
  • Its team page lists 13 people, including a senior associate and four solicitors.
First consultation
Free 15 minute Clarity Call by phone, then a paid in depth Strategy Session. The site doesn't publish fee structures.
Office
Level 13, 111 Elizabeth Street, Sydney NSW 2000
Full profile: lawyers, services and sources

About the firm

The Estate Planning Centre is the trading name of Bloom Legal, an incorporated legal practice on Elizabeth Street in the Sydney CBD that does only wills and estates work. Founder and principal Simone Hargreaves holds a Master of Applied Laws in wills and estates and the TEP designation from STEP, according to her profile. Her team of 13 includes a senior associate, four solicitors and paralegals. It covers estate plans for families and business owners, probate and estate disputes, and works alongside clients' accountants and advisers. Every matter starts with a free 15 minute Clarity Call.

Also worth knowing

  • The firm says every matter begins with a free 15 minute Clarity Call.

Lawyers

  • Simone Hargreaves, Founder, director and principal lawyer
  • Emily Kuo, Senior associate
  • Zabina Naem, Associate solicitor
  • Kate Williamson, Associate solicitor
  • Elizabeth Moll, Solicitor
  • Eugénie Thomas, Solicitor

Areas of estate planning law handled

  • Wills and testamentary trusts
  • Enduring powers of attorney
  • Enduring guardianship
  • Advance care directives
  • Superannuation and death benefit nominations
  • Family trust and company succession
  • Blended family planning
  • Probate
  • Estate administration
  • Family provision claims
  • Defending estates
  • Will rectification

Office

Level 13, 111 Elizabeth Street, Sydney NSW 2000

Sources

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Fox & Staniland

Pacific Highway, Gordon, Upper North ShoreFull service firm

4.5

72 Google reviews

Checked 18 October 2026

Best for North Shore families with trusts, companies or a contested estate

  • The firm says it has served Sydney's North Shore for more than 50 years.
  • Its estate planning and probate team lists ten lawyers, including directors and special counsel.
  • Managing director Wal Abramowicz was admitted in 1987 and handles will disputes and family provision claims.
First consultation
Request a callback or phone the firm. The site doesn't state first consultation or fee terms.
Office
Level 3, 828 Pacific Highway, Gordon NSW 2072
Full profile: lawyers, services and sources

About the firm

Fox & Staniland is a North Shore firm on the Pacific Highway at Gordon that says it has practised for more than 50 years. Its estate planning and probate team lists ten lawyers, led by managing director Wal Abramowicz, who was admitted in 1987 and handles will disputes and family provision claims. The planning side covers testamentary trusts, special disability trusts, statutory wills, super nominations and family companies. The firm also runs free seminars on will challenges. It suits North Shore families with trusts or contested estates. Request a callback through the site.

Also worth knowing

  • The firm runs free community seminars on will challenges.

Lawyers

  • Wal Abramowicz, Managing director, estate disputes and probate
  • Ian McPherson, Director, estate planning and probate
  • Julia Yang, Senior associate, estate planning and probate
  • Nicole Steib, Senior associate, estate planning and probate
  • Paul Cantwell, Special counsel, estate planning and probate
  • Anthea Tronson, Special counsel, estate planning and probate
  • Dennis Barton, Special counsel, litigation and estates

Areas of estate planning law handled

  • Simple and testamentary trust wills
  • Statutory wills
  • Special disability trusts
  • Family trusts and private companies
  • SMSF death benefit nominations
  • Powers of attorney
  • Enduring guardianship
  • Advance care directives
  • Probate and deceased estates
  • Contesting a will
  • Family provision claims
  • Defending an inheritance

Office

Level 3, 828 Pacific Highway, Gordon NSW 2072

Sources

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Owen Hodge Lawyers

Clarence Street, Sydney CBD, plus Turramurra and HurstvilleFull service firm

4.3

42 Google reviews

Checked 18 October 2026

Best for Families who want wills, probate and aged care advice from one firm

  • The firm says it has served the Sydney community since 1951.
  • It lists offices in the Sydney CBD, Turramurra and Hurstville.
  • Its wills and estates group includes four lawyers and a paralegal with more than 21 years in probate work, according to the site.
First consultation
Book a consultation online or by phone. Estate planning starts with an Estate Planning Assessment meeting. The site says costs depend on your circumstances and doesn't state first consultation terms.
Office
3/171 Clarence Street, Sydney NSW 2000
Full profile: lawyers, services and sources

About the firm

Owen Hodge Lawyers is a general practice that says it has served Sydney since 1951, starting out in the St George area. It now works from Clarence Street in the CBD, plus Turramurra and Hurstville. Its wills and estates group includes Sally Richmond, Julia Scully, Palisha Manandhar and Colin J. Duff, backed by a probate paralegal who has been with the firm since 2005. Estate planning starts with an assessment meeting, and the firm offers JustFund funding for eligible executors and beneficiaries. It suits families who want wills and probate handled in one place. Book online or by phone.

Since 1951

Also worth knowing

  • It partners with JustFund so eligible executors and beneficiaries can fund estate costs until probate is finalised.

Lawyers

  • Sally Richmond, Property and estates lawyer
  • Julia Scully, Solicitor, wills and estates
  • Palisha Manandhar, Associate, estate planning
  • Colin J. Duff, Wills and estate planning lawyer
  • Louise Young, Paralegal, probate and estate administration

Areas of estate planning law handled

  • Wills and mutual wills
  • Powers of attorney
  • Enduring guardianship and advance care directives
  • Testamentary and special disability trusts
  • Farm succession planning
  • Probate and letters of administration
  • Executor advice
  • Family provision claims
  • Defending contested wills
  • Guardianship Tribunal matters
  • Aged care and retirement village advice

Office

3/171 Clarence Street, Sydney NSW 2000

Other details

Other offices
Turramurra (Suite 7, 14 Eastern Road) and Hurstville (Level 2, 12-14 Ormonde Parade)

Sources

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Brown Wright Stein Lawyers

Elizabeth Street, Sydney CBDCommercial and tax law firm

5.0

7 Google reviews

Checked 23 October 2026

Best for Business owners with trusts, companies and SMSFs

  • The private advisory and succession team lists seven partners and two senior associates.
  • Partner Madelaine Inglis leads the elder law practice and says she has more than 30 years of experience.
  • Senior associate Phoebe Hine holds a Master of Laws in wills and estates and is a STEP member.
First consultation
Contact the office to arrange a meeting. The site doesn't publish first consultation or fee terms.
Office
Level 6, 179 Elizabeth Street, Sydney NSW 2000
Full profile: lawyers, services and sources

About the firm

Brown Wright Stein is an Elizabeth Street commercial firm that describes itself as specialising deeply in tax, and its private advisory and succession team brings that tax depth to wills and estates. Seven partners are tagged to the team, including Madelaine Inglis, who leads its elder law practice and says she has more than 30 years of experience. Senior associate Phoebe Hine holds a Master of Laws in wills and estates. It covers testamentary trusts, SMSFs, family councils and private charities as well as probate and family provision claims. It suits business owners. Contact the office to book.

Also worth knowing

  • The firm describes itself as specialising deeply in tax, including disputes with the ATO.

Lawyers

  • Madelaine Inglis, Partner, elder law and estate planning
  • Suzie Boulous, Partner, estate planning and tax
  • Maria Poniros, Partner, estate and succession planning
  • Geoff Stein, Partner, private advisory and succession
  • Rachel Vijayaraj, Partner, private advisory and succession
  • Phoebe Hine, Senior associate, estate planning and probate
  • Hayden Rudd, Senior associate, private advisory and succession

Areas of estate planning law handled

  • Testamentary trust wills
  • Trust and company succession
  • SMSF and death benefit nominations
  • Buy sell agreements
  • Enduring powers of attorney and guardianship
  • Advance care directives
  • Probate and estate administration
  • Family provision claims
  • Estate and trust disputes
  • Elder law and aged care
  • Private charities
  • Family councils and family office

Office

Level 6, 179 Elizabeth Street, Sydney NSW 2000

Sources

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Szabo & Associates

Holt Street, Surry HillsGeneral practice with a contested wills focus

4.6

68 Google reviews

Checked 18 October 2026

Best for Family members who feel left out of a will and want to claim

  • George Szabo founded the firm in 1994 and is still its principal.
  • The firm says it gives free initial advice on contested wills with no obligation.
  • It covers family provision claims, invalid will challenges, probate caveats and business inheritance disputes.
First consultation
Free initial advice with no obligation, according to the contesting a will page. Written costs agreement for every matter, fixed quotes for wills, and variable costs for family provision claims.
Office
Suite 302, Level 3, 55 Holt Street, Surry Hills NSW 2010
Full profile: lawyers, services and sources

About the firm

Szabo & Associates is a small Surry Hills practice founded in 1994 by principal George Szabo. Contested wills are its main draw, with family provision claims, invalid will challenges, probate caveats and business inheritance disputes all covered, and it also writes wills and handles probate. The firm says initial advice is free with no obligation and promises a call back within one business day. Simple wills can be quoted as a fixed fee, while dispute costs depend on how far the claim goes. It suits people who believe they were unfairly left out of a will.

Founded in 1994

Also worth knowing

  • Every matter starts with a written costs agreement, and wills can be quoted as a fixed fee.

Lawyers

The site names only the principal.

  • George Szabo, Founder and principal

Areas of estate planning law handled

  • Family provision claims
  • Challenging invalid wills
  • Defending estates
  • Probate caveats
  • Business inheritance disputes
  • Mediation and Supreme Court proceedings
  • Will writing
  • Estate planning
  • Probate and letters of administration
  • Powers of attorney

Office

Suite 302, Level 3, 55 Holt Street, Surry Hills NSW 2010

Sources

Back to the list

Firm details come from each firm's own website. Google ratings are shown as published on Google and don't set the order. Spotted something out of date? Tell us.

Not sure which firm suits you?

Tell us a little about your matter and we'll put you in touch with a Sydney estate planning lawyer. It's free and there's no obligation.

How we compiled this list

We include firms with a Sydney office whose own websites show real wills and estates work: wills, powers of attorney, enduring guardianship, probate, estate administration or will disputes. For each firm we read its website in October 2026 and wrote the description ourselves. We only name accredited specialists where the firm's site says the Law Society of NSW accredited them in wills and estates. Some firms here lean towards estate planning and others towards disputes, and we say so in the write-up. Consultation and fee terms are as the firm describes them, so confirm them when you call. We show Google ratings with the date we checked them.

No firm pays for its place on this list, and the order is our own. We write the descriptions ourselves, and firms don't get to edit them. If something here is out of date, let us know. There's more detail on how we rank law firms.

This page is general information, not legal advice. Rules are as published in the Succession Act 2006 and Guardianship Act 1987 and by the Supreme Court of NSW, NSW Trustee and Guardian, Legal Aid NSW and the ATO in October 2026. Supreme Court fees are as at 1 July 2026.

Making a valid will in NSW

The rules are in the Succession Act 2006. You need to be 18 or older and have capacity. A younger person can make a will if they're married or about to marry, or with the Supreme Court's approval. Legal Aid NSW describes capacity as understanding what you're doing and how your estate will be shared. A mild intellectual disability or early dementia doesn't rule you out if you have capacity when you make the will. If capacity might be questioned later, get an assessment from a doctor, psychologist or psychiatrist.

  • Signing: the will must be in writing and signed by you, or by someone else in your presence and at your direction, in front of two or more witnesses who are present at the same time. At least two of them must then sign in your presence
  • Witnesses who inherit: a gift to a witness is void unless at least two other witnesses don't benefit, everyone affected consents in writing, or the court is satisfied you knew of and approved the gift. It's simplest to use witnesses who get nothing under the will
  • Will kits: you can use one, but Legal Aid NSW warns the will may be invalid if you don't follow the instructions exactly
  • Children: you can name a guardian for your children, but Legal Aid NSW says the appointment isn't legally binding
  • Storage: wills don't have to be registered. Keep the original somewhere safe and tell your executor where it is. If the original can't be found, it may be assumed you destroyed it to revoke it

Changing your will. A change only counts if it's signed and witnessed like a will, so crossing something out and initialling it isn't enough. A codicil works, but a new will is usually cleaner. Marriage revokes an existing will, except for gifts to the person you're married to when you die and their appointment as executor, and except where the will was made in contemplation of that marriage. Divorce or an annulment cancels gifts to your former spouse and their appointment as executor, trustee or guardian, unless your will says otherwise. Separation alone doesn't revoke anything, so update your will if your relationship ends.

What a will doesn't cover. Super isn't automatically part of your estate. With a binding nomination, the fund must pay the person you nominated, and your will can't override it. Lapsing nominations expire unless you renew them, which Moneysmart says is every 3 years. Without a valid binding nomination, the fund's trustee decides which dependants get it, or pays it to your estate to pass under your will. If you disagree with the trustee's decision, use the fund's internal review first, then complain to AFCA. Property you own as joint tenants passes straight to the surviving owner.

Tax on super paid at death. A lump sum paid to a tax dependant, such as a spouse, a child under 18 or someone financially dependent on you, is tax free. An adult child who wasn't financially dependent on you isn't a tax dependant, The taxable part of their payment is taxed at up to 15% for the taxed element and up to 30% for the untaxed element, plus the Medicare levy when the fund pays them directly.

When something goes wrong. The Supreme Court can accept a document that wasn't signed and witnessed properly as a will, if it's satisfied the person intended it to be their will. It can also rectify a will that doesn't carry out the will maker's intentions because of a clerical error or a failure to follow their instructions. The application should be made within 12 months of the death, though the court can extend that time if the estate hasn't been fully distributed. Where someone has lost capacity, the court can authorise a statutory will for them while they're still alive.

Powers of attorney, enduring guardians and advance care directives

A will only works after you die. These documents cover the time before that, if you can't make decisions for yourself.

DocumentWhat it coversKey rules
Enduring power of attorneyMoney, property and financial decisions. It keeps working after you lose capacityWitnessed by a solicitor, barrister, Local Court registrar, overseas registered foreign lawyer, or a licensed conveyancer, NSW Trustee and Guardian employee or trustee company employee who has completed an approved course. The witness certifies they explained it. Your attorney must sign to accept. It must be registered with NSW Land Registry Services before your attorney deals with real estate
Appointment of enduring guardianWhere you live, health care and consent to medical or dental treatment. It only operates while you can't manage these decisions yourselfMade on the prescribed form by someone over 18, and accepted by the guardian. Both signatures are witnessed by an eligible witness, such as a lawyer or Local Court registrar. Your paid carer can't be appointed. It's revoked if you later marry someone else
Advance care directiveThe medical treatment you would or wouldn't want if you can't communicateThere's no special legislation in NSW and no set form. It must be specific, current and made while you're competent. It can be attached to your enduring guardian form

An attorney can't make health or lifestyle decisions, and can't give gifts from your money unless the document allows it. All powers of attorney end when you die. If you're worried an attorney or enduring guardian isn't acting in someone's interests, you can ask the Guardianship Division of NCAT to review the appointment. If no guardian is appointed, a spouse in a close and continuing relationship, then a carer, then a close friend or relative can consent to treatment as the person responsible.

NSW Trustee and Guardian charges $231 for a power of attorney, $231 for an appointment of enduring guardian, and $693 for a package with a standard will and both documents.

If someone dies without a will

When a person dies without a valid will, the Succession Act decides who gets what is left after funeral costs, debts and administration expenses.

  • A spouse, and no children from another relationship: the spouse takes the whole estate
  • A spouse and children from another relationship: the spouse gets the personal effects, a statutory legacy and half of the rest, and the children share the other half. The NSW Government gave the legacy as $587,649 in May 2025. Under s 106 of the Succession Act it's $350,000 indexed to CPI, so the current amount is higher, and the NSW Government publishes it. If the estate is smaller than the legacy, the spouse takes everything
  • No spouse: children share, with grandchildren taking a share where a child has died. Then parents, then brothers and sisters, then grandparents, then aunts, uncles and first cousins
  • No relatives in those groups: the estate goes to the NSW Government

A spouse includes a de facto partner where the relationship was registered, lasted at least two years or produced a child. Stepchildren don't inherit under these rules, though they may be able to make a family provision claim. Someone, usually the spouse or next of kin, applies for letters of administration. NSW Trustee and Guardian can act as administrator and has a team that traces relatives, on 1300 723 267.

Probate and administering an estate

A grant from the Supreme Court gives the executor or administrator authority to collect the assets, pay the debts and hand out what's left. You may not need one if everything was owned as joint tenants, which passes to the surviving owner, or if the bank, super fund or insurer will release a smaller amount without it. Real estate in the deceased's sole name, or held as tenants in common, generally needs a grant.

  • Probate: the executor named in a valid will applies
  • Letters of administration: there's no valid will, or no executor can or will act
  • Reseal: a grant made in another state, or in certain Commonwealth countries, can be resealed in NSW so the executor can deal with NSW property

Most uncontested applications have been filed online since 1 August 2023. A notice of intended application is published on the NSW Online Registry first. If you apply more than 6 months after the death, you must explain the delay in an affidavit. Fees are set by the gross value of the estate as sworn in the application.

Gross value of the estateFiling fee
Less than $100,000Nil
$100,000 to less than $250,000$960
$250,000 to less than $500,000$1,303
$500,000 to less than $1 million$1,999
$1 million to less than $2 million$2,663
$2 million to less than $5 million$4,439
$5 million or more$7,399

Supreme Court of NSW fees from 1 July 2026, for probate, administration and reseals. Each online notice costs $59. Fees may be waived, postponed or reduced in some cases.

The executor's job. The executor holds the estate on trust for the beneficiaries, must act in good faith and keep estate money separate from their own, and must pay debts and any tax owing before handing anything out. Don't distribute within 6 months of the death. An executor who waits 6 months, gives at least 30 days' notice of intended distribution and hasn't heard of a family provision claim is protected if a claim turns up later. An executor who hands everything out while tax is still owed, or who causes a loss by delay, can be personally liable. NSW Trustee and Guardian says most estates are finalised within 9 to 12 months.

Tax. The executor lodges a date of death return covering 1 July to the date of death, and trust returns, where they're needed, for income the estate earns after that. The ATO only records an executor or administrator with a grant as the legal personal representative, so a will alone isn't enough. Inheriting an asset doesn't trigger capital gains tax, but selling it later can. The deceased's home is generally exempt if the sale settles within 2 years of the death, as long as it was their main residence and wasn't producing income just before they died.

Contesting a will and family provision claims

There are two kinds of dispute. A validity challenge says the will shouldn't stand, for example because the will maker lacked capacity or it wasn't signed properly. A family provision claim accepts the will but asks the Supreme Court to make adequate provision for someone it left short. That's the more common claim.

Who can claim. The deceased's spouse or de facto partner at the time of death, a child, a former spouse, a grandchild or member of the household who was wholly or partly dependent on the deceased, and someone in a close personal relationship with them when they died. Former spouses, dependants and close personal relationships must also show factors that warrant the claim.

The deadline. The claim must be filed within 12 months of the date of death, whether or not probate has been granted. A later claim needs the court's leave for sufficient cause, or the consent of the parties. Claims generally go to mediation before a hearing.

Notional estate. In NSW, a claim can also reach property that has left the estate. The court can designate property as notional estate if the deceased did, or didn't do, something that meant it went to someone else without full value. Examples in the Act include not severing a joint tenancy and nominating who gets super or life insurance on death. The window is a transaction within 3 years before death meant to deny or limit provision for an eligible person, within 1 year before death, when the deceased's moral duty to provide for an eligible person was substantially greater than any moral duty to enter into the transaction, or one that takes effect on or after death. The court can only do this if the estate itself isn't enough, and it can't take more than it needs.

Costs. The court can order costs to be paid from the estate or notional estate, but they don't always come out of the estate. A claimant who loses may have to pay their own costs and the estate's. Legal Aid NSW says not to make a claim without advice from a private lawyer.

What a Sydney wills and estates lawyer costs, and free help

Legal costs. Many lawyers quote fixed fees for wills and powers of attorney, and charge by the hour or in stages for estates and disputes. If your costs are likely to be more than $750, your lawyer must tell you in writing how they'll charge and what it's likely to cost. NSW Trustee and Guardian charges $462 for a standard will and from $583 for a complex one.

  • LawAccess NSW: 1300 888 529, 9am to 5pm weekdays, for free legal information and referrals
  • NSW Trustee and Guardian: prepares wills for free if you're eligible for the full Age Pension
  • Seniors Rights Service: 1800 424 079
  • Legal Aid NSW: free step by step guides on probate, letters of administration and distributing an estate
  • Stolen Generations survivors: free or reduced fee wills through the Law Society of NSW, (02) 9926 0396
  • Aboriginal and Torres Strait Islander artists: wills help through the Arts Law Centre's Artists in the Black program

The Law Society of NSW accredits specialists in wills and estates. A solicitor needs at least five years of full time practice, including three in the area, and must pass assessments and renew each year. You can check with the Law Society's Find a Lawyer tool.

Sydney estate planning law: common questions

How long do I have to contest a will in NSW?

A family provision claim must be filed within 12 months of the date of death. A later claim needs the court's leave for sufficient cause, or the consent of the parties, so get advice early. The executor can't safely distribute within 6 months of the death.

Who can make a claim against an estate?

An eligible person: the spouse or de facto partner at the time of death, a child, a former spouse, a dependent grandchild or household member, or someone in a close personal relationship with the deceased. Former spouses, dependants and close personal relationships must also show factors that warrant the claim.

Can a claim reach super or a house owned jointly?

In NSW it can. The court can treat some property outside the estate as notional estate, including super or life insurance paid under a nomination and a joint tenancy that wasn't severed. It only does this if the estate itself isn't enough, and time windows apply to transactions before death.

Does getting married cancel my will?

Yes, unless the will was made in contemplation of that marriage, although gifts to the person you're married to when you die survive. Divorce cancels gifts to your former spouse and their appointment as executor unless your will says otherwise. Separation alone changes nothing, so update your will.

How much does probate cost in NSW?

From 1 July 2026 there's no Supreme Court filing fee where the estate is worth less than $100,000. Fees then rise in bands, from $960 for $100,000 to under $250,000 up to $7,399 for $5 million or more. Each online notice costs $59. Legal fees are separate.

Does my will cover my super?

Not on its own. Super isn't automatically part of your estate. A valid binding nomination decides who gets it and your will can't override it, but lapsing nominations expire unless renewed. Without one, the fund's trustee decides which dependants get it, or pays it to your estate.

What is an accredited wills and estates specialist?

A solicitor accredited by the Law Society of NSW after at least five years of practice, three of them in wills and estates, and a set of assessments. It isn't needed to practise. On this list, Richard Neal, Caroline Sims, John Maitland, Indran Sinnadurai and Isabel McLelland at Teece Hodgson & Ward, Erin Dawson and Sophia Johnston at Coleman Greig, Lisa Barca at Turner Freeman, and Adeline Schiralli and Janette Kveytel at Southern Waters Legal are listed as accredited specialists in wills and estates law on the Law Society of NSW register (checked October 2026).

General information only, not legal advice.

Related pages

Sources for the legal information on this page