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Estate planning is the process of making legal arrangements for how your assets, personal care and financial affairs will be handled if you die or lose decision-making capacity. In Fairfield, which is part of New South Wales, estate planning follows NSW state law while also taking into account federal issues such as taxation and superannuation. A clear estate plan commonly includes a will, one or more enduring powers of attorney, and instructions about medical or lifestyle decisions. Because Fairfield is a diverse, multicultural area, practical estate planning often also includes attention to family expectations, language needs and cultural practices.
Many people can benefit from legal advice when preparing or updating an estate plan. Common situations where specialist help is useful include:
- You have complex assets such as business interests, overseas property, or a large investment portfolio.
- Your family situation is complicated by separation, blended families, step-children, or estranged relatives.
- You want to make or update an enduring power of attorney or an enduring guardian appointment to cover financial and health decisions if you lose capacity.
- You want to ensure a superannuation death benefit is dealt with correctly, including binding nominations.
- You are concerned about potential family provision claims - where a relative may ask the court for a larger share of the estate.
- You need assistance obtaining probate, administering an estate, or resolving disputes between beneficiaries or executors.
- You prefer certainty that legal formalities are followed to reduce the risk of your will being invalidated or challenged.
Key legal features in New South Wales that are particularly relevant for residents of Fairfield include:
- Succession and wills - The Succession Act governs the making and validity of wills and sets out rules for family provision claims. A valid will should reflect your intentions and meet formal witnessing requirements.
- Probate and estate administration - The Supreme Court of New South Wales handles probate and grant of administration matters when someone dies. Executors often apply for probate to access a deceased person’s assets held in their name.
- Family provision claims - Certain people can challenge a will under the Succession Act if they believe they have not been adequately provided for. These claims are common drivers of estate disputes.
- Enduring powers of attorney - The Powers of Attorney Act 2003 (NSW) allows you to appoint an enduring attorney for financial and legal matters. That attorney can act if you lose capacity, but the document must be properly executed.
- Enduring guardianship and health decisions - NSW law provides mechanisms for appointing someone to make personal and health-care decisions if you cannot. Advance care planning and the appointment of an enduring guardian are important tools.
- Superannuation and life insurance - Superannuation death benefits and life insurance payouts are controlled by plan rules and trustee decisions. A will does not automatically control these funds unless special arrangements, such as binding death nominations, are in place.
- Tax considerations - There is no inheritance tax in Australia, but capital gains tax and income tax issues may arise for executors or beneficiaries when assets are realised. Legal advice can help minimise unwanted tax consequences.
A will sets out how your property and assets will be distributed after you die. An enduring power of attorney appoints a person to make financial or legal decisions for you while you are still alive if you lose decision-making capacity. Both documents serve different purposes and are usually used together in an estate plan.
To be valid in NSW a will must be in writing, signed by the testator (the person making the will) and witnessed by two adults present at the same time. Witnesses generally must not be beneficiaries or the spouse of a beneficiary. Clear identification of assets, beneficiaries and the appointment of an executor help reduce the risk of disputes.
Yes, you can exclude people from your will, but certain family members and dependants may be able to bring a family provision claim if they believe they have not been adequately provided for. People who may apply include spouses, children, de facto partners and dependants. Legal advice helps assess the risk of claims.
A family provision claim is an application to the court asking for a larger share of a deceased estate on the basis that the will did not make adequate provision. Whether a claim will succeed depends on factors like relationship, financial need, and the size and nature of the estate. These matters are decided by the Supreme Court of NSW.
Simple estates with clear family situations may be suited to a straightforward will. However, DIY kits and online templates carry risks if you have complex assets, blended families, overseas property, or special wishes. A lawyer ensures documents are tailored to your circumstances, properly executed and that secondary issues such as superannuation nominations are addressed.
Common additional elements are an enduring power of attorney for financial matters, an enduring guardian or advance care directive for personal and health decisions, binding death benefit nominations for superannuation, and instructions for digital assets and funeral wishes. Beneficiary nomination forms and business succession plans are also important where relevant.
Review your will after significant life events - marriage, divorce, birth of children, death of a beneficiary or executor, major changes in assets or relocation of property interstate or overseas. Many people review their estate plan every three to five years or whenever circumstances change materially.
If you die intestate (without a valid will) your estate is distributed according to the rules of intestacy under NSW law. That usually means assets go to your spouse and children in a set priority. Dying without a will can create uncertainty and disputes, and it is generally more time-consuming and costly to administer the estate.
Look for solicitors with experience in wills, estates and elder law. Ask about their experience with family provision claims, probate and powers of attorney. Check professional memberships, client reviews and whether they offer a clear fee structure. Community legal centres in Fairfield can provide initial guidance or referrals if cost is a concern.
Costs vary with complexity. Applying for probate in straightforward cases can be done in a few months but may take longer depending on the estate. Disputes such as family provision claims or contested wills can take many months or years and be expensive. Lawyers may offer fixed-fee services for straightforward wills and initial estate administration advice; for litigation costs vary by matter.
Useful organisations and bodies that can help residents of Fairfield include:
- NSW Trustee and Guardian - provides information and can act as executor, administrator, attorney or guardian in certain circumstances.
- Supreme Court of New South Wales - handles probate and contested estate litigation.
- NSW Civil and Administrative Tribunal (NCAT) - deals with capacity and guardianship matters, and certain disputes.
- Fairfield Community Legal Centre - offers local, free or low-cost legal help and referrals for people who meet eligibility criteria.
- Legal Aid NSW and LawAccess NSW - provide legal information, referral services and assistance for eligible people.
- Community Legal Centres NSW - a network of community legal services across NSW that can assist with basic estate planning and referrals.
- Your superannuation fund or trustee - to get guidance on death benefit nominations and how superannuation will be handled on death.
If you need legal assistance with estate planning in Fairfield, consider the following practical steps:
- Assemble information - make a list of your assets, liabilities, superannuation details, insurance policies, and any business interests. Collect relevant documents such as titles, account details and existing legal documents.
- Identify key people - choose who you want as your executor, enduring attorney, and enduring guardian. Consider alternate choices in case your first option is unable to act.
- Book an initial consultation - contact a local solicitor experienced in wills and estate matters or your community legal centre for an initial assessment. Ask about fees, whether a fixed fee is available and what documents you should bring.
- Ask about culturally appropriate services - if you or your family prefer another language or cultural assistance, ask the lawyer or community legal centre about interpreters and culturally-aware advice.
- Prepare and execute documents correctly - ensure a will and powers of attorney are signed and witnessed according to NSW rules to reduce the chance of later challenges.
- Review and store securely - keep originals in a safe place and tell your executor and trusted family where they are stored. Review your estate plan periodically or after major life events.
If you are unsure where to start, contacting a local community legal centre or booking a brief consultation with an experienced estate lawyer is a practical first step to protect your wishes and your family’s future.
