Wills & Estate Planning

A clear estate plan may involve several documents. Each has a different purpose, operates at a different time and gives different authority to the people you appoint.

What is the difference between a will, an enduring power of attorney and an enduring guardian?

Will

A will records how you want your estate dealt with after your death and appoints an executor to administer it. It does not give someone authority to make decisions for you during your lifetime. Learn about wills from NSW Government.

Enduring power of attorney

An enduring power of attorney authorises the person or people you appoint to make legal and financial decisions for you during your lifetime. Unlike a general power of attorney, it can continue if you lose decision-making capacity. The authority depends on the document and NSW law. Read the NSW Government guidance on powers of attorney.

Appointment of enduring guardian

An appointment of enduring guardian authorises the person or people you appoint to make specified lifestyle, health and medical decisions when you cannot make those decisions yourself. It does not authorise financial decisions. Read the NSW Government guidance on enduring guardianship.

These documents are separate and have different legal requirements. You may appoint one or more, or a combination of persons to fulfil each role, and your solicitor will provide you with advice as to the most appropriate arrangement, depending on your circumstances. Our Powers of Attorney & Enduring Guardianship guide provides further general information.

When should estate-planning documents be reviewed?

It is sensible to review your documents when your circumstances, relationships or wishes change. Common review triggers include:

• marriage, separation or divorce
• the birth or adoption of a child, or another change involving a dependant
• the death, incapacity or changed suitability of an executor, attorney, guardian or beneficiary
• a significant change to assets, liabilities, business interests, ownership structures or superannuation nominations
• moving interstate or overseas
• a significant change in your health, decision-making capacity, relationships or wishes

Although these events do not necessarily revoke or invalidate an existing document, there are circumstances where an involuntary revocation may occur. NSW Government provides further guidance about updating a will, reviewing a power of attorney and reviewing an appointment of enduring guardian.

How can a wills and estate-planning lawyer help?

We prepare and review wills, powers of attorney and appointments of enduring guardian. We can explain how the documents work together, discuss executor, attorney and guardian choices, consider superannuation nominations and help arrange proper signing.

The right documents and terms depend on your circumstances. Urgent circumstances can be discussed with the office.

Our solicitors will give you considered and appropriate advice, tailored to your individual circumstances, to ensure that your estate is protected, and distributed in accordance with your wishes.

We can travel to you

We understand that sometimes, you will not be able to attend the office to discuss and sign your documents. We are happy to accommodate you and can make arrangements to travel to you to prepare your will, powers of attorney and enduring guardianship documents.