Rest assured that your affairs are in order with comprehensive and compassionate support from our Wills and Estates Law team.
Our experienced wills and estates lawyers work closely with you to ensure your final intentions are fulfilled, and your loved ones provided for.
From drafting a will, testamentary trust and power of attorney, to obtaining a grant of probate or filing a family provision claim, we are here to help.
Our team has handled hundreds of cases involving unexpected deaths or people losing capacity without any legal documents in place. Having seen firsthand the emotional and financial toll this takes on families, we want to help you and your loved ones avoid this situation.
That is why our solicitors focus on helping you organise the legal documents required to cover your personal and business affairs; now before it is too late.
If and when it becomes necessary to use those legal documents, we can assist executors and beneficiaries in an efficient, reliable and friendly way.
Harnessing over 50 years of experience, we will help you make informed choices that provide peace of mind for you and your family. Discover personalised legal support with our wills and estates attorneys in Newcastle, Maitland and Sydney.

Our wills & estates law services
Our wills & estates lawyers can help you navigate life and death’s most meaningful matters, including:
- Drafting wills
- Contesting wills
- Estate planning
- Enduring power of attorney
- Enduring guardianship
- Discretionary testamentary trusts
- Probate and estate administration
- Elder law
- Asset protection
- Guardianship Board applications
- Disability trusts
When you choose our wills and estates law firm, you can trust that your legacy is in capable hands. We approach every case with dedicated care, commitment, and professionalism, guiding you through the legal complexities to secure the best possible outcome for you and your family.

Drafting wills
Appoint a trusted executor, secure your legacy, and protect your loved ones from unnecessary legal stress with a valid will.
Our lawyers are here to make drafting your will straightforward, capturing your wishes exactly as you intend. We also advise clients on blended families, such as a second spouse and children from a first marriage.
Rest assured knowing we can handle every detail, address potential challenges and reduce the risk of disputes. Once complete, we will keep your will secure and provide you with a copy for complete peace of mind.

Wills & estates planning
Provide financial security for your family long after you’re gone. Our dedicated lawyers bring a wealth of experience to creating clear and comprehensive estate plans that protect your assets for generations.
With our up-to-date knowledge of tax, superannuation, business succession and legal strategies, we ensure your estate plan stays aligned with your goals into the future.

Estate administration
Estate administration can be daunting, but you don’t have to go through this complex legal process alone. If you have been nominated as an executor in a will, our team is here to help you take care of the deceased’s assets and debts efficiently.
Whether you need to obtain a grant of probate or letters of administration, identify and value assets, settle debts and taxes, distribute inheritance to beneficiaries, or address disputes, we will be by your side to simplify the process at every stage.

Testamentary Trusts
A testamentary trust is created within a will and only comes into effect upon the passing of the individual who made the will. This estate planning tool is a smart way to draft your will with flexibility and tax efficiency.
Our wills and estates lawyers will work with you to create a tailored structure that provides added benefits to your loved ones – all while adapting to your family’s needs over time.

Enduring power of attorney
An enduring power of attorney lets you appoint a trusted person to manage your legal and financial affairs if you ever lose the capacity to do so. Whether in the aftermath of an accident, illness or disability, this document spares your family from unnecessary stress and financial hardship by ensuring your affairs are in capable hands.
Although it may seem simple, drafting a power of attorney involves critical legal considerations and technical requirements. Our team will guide you at every turn, ensuring the document is tailored to your needs and properly executed.

Enduring guardianship
An Enduring guardianship allows someone you trust to make important health and lifestyle decisions on your behalf if you ever lose the capacity to make them yourself. By appointing an enduring guardian, you ensure that your personal choices are respected and managed by someone familiar with your values and wishes.
Our wills & estates lawyers can prepare this essential legal document, ensuring both you and your chosen guardian fully understand the implications before signing it. Taking this step now, while you’re able to make informed decisions, can protect your interests in the future.

Will disputes
If you feel unjustly excluded or inadequately provided for, we’re here to guide you in contesting or negotiating the will. Alternatively, our skilled lawyers can help you protect a Will and its terms so that your loved one’s wishes are respected and upheld.
Whether you’re looking to challenge a will, protect an estate, or resolve issues with an executor, our team can equip you with clear, strategic guidance to help you achieve a fair outcome.

Asset protection
Life is full of uncertainties, no matter how steady things may seem. Without the right asset protection strategy, you could lose your personal or business wealth to issues like relationship breakdowns, bankruptcy, commercial litigation, and estate challenges. Don’t wait for problems to arise.
Establish safeguards as soon as possible with Turnbull Hill Lawyers. Our Wills & Estates team can provide you with an initial appraisal to review your current structures, develop a risk profile, and provide you with written advice on appropriate asset protection and business succession strategies.

Elder Law
Our Wills & Estates team provides you and your family with confidence, clarity, and peace of mind in all elder Law matters. From preventing financial abuse to assisting with guardianship matters, we work to protect your autonomy and security at every step.
We also handle the complexities of aged care and retirement village agreements, providing clear guidance to help you make informed choices. Discover tailored support to safeguard seniors’ rights, ensuring their wishes and interests are respected.
NSW’s trusted wills & estates lawyers
Skilled solicitors
With over 50 years of experience, we bring the knowledge to handle any estate challenge with confidence and prowess. Our deep expertise allows us to anticipate and resolve issues, ensuring your wills & estates matters are managed efficiently.
Reliable services
Count on us to manage your wills and estates matters with the utmost care, giving priority to urgent issues as they come up. Our committed team provides quick and dependable solutions, ensuring you feel supported at every turn.
Personalised guidance
Wills and estate matters are about more than just documents; they’re about ensuring each client’s unique wishes are protected and fulfilled. Our skilled team brings expertise from multiple areas to deliver a thorough, personalised approach.
Compassionate support
We understand that decisions around wills and estates can be deeply personal and sometimes challenging. That’s why we’ll be by your side every step of the way, offering reassurance and understanding when you need it most.
Trusted by thousands
Join the many families who have trusted us to navigate the vital decisions around wills and estates. As one of NSW’s leading firms in this area, our reputation is founded on achieving outcomes that bring peace of mind to clients and their loved ones.
Transparent fees
Our wills & estates lawyers deliver dedicated support and guidance at genuine value for money. Receive a clear and customised cost estimate, ensuring complete transparency over your legal expenses.
Discover trusted wills & estates lawyers in NSW
Our compassionate wills & estates lawyers in Newcastle, Maitland and Sydney are here to help you leave your legacy as intended without the hassle.
Services
What our clients say
They looked after me quite well I was quite pleased with their service.
Patrick Huolohan assisted in updating my estate planning with what was a very quick, simple and efficient process. Patrick was both professional and easy-going which ensured an anxiety-free experience. A modest investment to get the job done right and provide the family with certainty.
I can't thank Ella from Turnbull Hill Lawyers at Charlestown enough for everything she has helped me with over the last 12 months. Ella has been so supportive and understanding. Ella's knowledge of the law is outstanding so I have trusted her advice without hesitation throughout. Knowing that I had Ella fighting for me has given me the courage to carry on and stand up for myself.
Very professional, considerate, always available and helpful, made stressful situation less painful, have been family solicitors for many years.
I recently engaged Warwick Gilbertson of Turnbull Hill Lawyers to prepare my Will and Testamentary Trust. I was very satisfied with the professional service I received and also the attention to detail which was beyond reproach.
Our wills & estates lawyers in Newcastle, Maitland and Sydney
Get started in 3 simple steps
If you need help, get in touch with our wills & estates lawyers. We will give your case the care it deserves.
Book a consultation
Call our friendly team on 1800 994 279 or contact us today.
Tell us your story
Your wills & estates lawyer will listen carefully to your needs and guide you with indispensable legal advice.
Receive the right support
Receive tailored support at every stage of the wills & estates law process, whichever path is best for your circumstances.
Frequently asked questions
A will is a vital document that designates an executor and specifies how you wish your assets to be distributed upon your passing. An estate plan, however, is a more comprehensive strategy, encompassing not only the provisions of a will but also addressing how your affairs should be managed during your lifetime in the event of incapacitation and ultimately, upon your death.
An estate plan anticipates all potential scenarios and incorporates elements such as an enduring power of attorney or an enduring guardian to manage your assets and personal matters if you are unable to make decisions yourself.
It also includes arrangements beyond a will, such as beneficiary nominations for superannuation and life insurance, deeds to transfer control of family trusts, business succession agreements, and company powers of attorney.
In essence, while a will governs the distribution of your assets after death, an estate plan provides a comprehensive framework, ensuring your personal, financial, and business interests are managed according to your wishes in all circumstances.
If you pass away without a valid will, you are considered to have died “intestate.” In this case, NSW intestacy laws dictate how your assets are divided, typically among close family members.
Without a will, your estate may not be distributed as you would have wished, and the process can become more complex and costly for your loved ones.
Yes, you can change your will as often as you wish. However, it’s essential to make updates through legally valid means, such as by drafting a new will or adding a legally recognised amendment called a codicil.
Changes may be necessary after major life events, such as marriage, divorce, the birth of children, or significant changes in assets.
A discretionary testamentary trust is designed to hold assets not in an individual’s name but within a trust, ensuring these assets serve the best interests of designated beneficiaries over time.
This structure goes beyond mere asset holding—it protects wealth and uses strategic tax planning to maximise what’s available to beneficiaries. Additionally, it enables assets to be transferred smoothly across generations without needing to go through probate.
The “trustee” plays a key role here, with the discretion to decide how and when to distribute the trust’s income or capital. Trustees can choose whether funds come from earnings or principal, select which beneficiaries will receive them, and determine the timing, allowing flexibility to accommodate the unique needs of each beneficiary.
This structure provides a robust, flexible approach for preserving and passing down family wealth through generations.
While preparing a will yourself may seem straightforward and cost-effective, the risks of a DIY approach can be significant:
- Risk of invalidity: Incorrect signing, missing or ineligible witnesses, or other formal errors can invalidate a will.
- Executor oversights: Failing to name an executor or a backup could leave your estate without clear direction, causing delays and complications.
- Unclear capacity: Without legal support, confirming the will maker’s mental capacity can be difficult, opening the door to potential disputes.
- Overlooking joint assets: DIY wills often miss the impact of jointly-held assets, complicating the estate distribution process.
- Confusing or missing instructions: Vague, contradictory, or missing directions can lead to misunderstandings or family disagreements over who inherits.
- Tax and financial implications: Key financial considerations, like capital gains tax, stamp duty, and residency-related tax issues, are frequently overlooked, affecting beneficiaries.
The biggest drawback of a DIY will is the lack of tailored, up-to-date guidance on essential matters. A skilled wills and estates solicitor will explore your unique situation, review your assets, identify potential challenges, and advise on strategies to reduce future disputes, ensuring your wishes are clear and your loved ones are protected.
Creating an estate plan isn’t just about putting wishes on paper; it’s about ensuring those wishes are truly protected.
A wills and estates lawyer brings the professional experience to foresee issues that might never cross your mind, helping you avoid pitfalls that could complicate matters for your family in the future.
These professionals ask the right questions—questions that prompt you to consider various “what if” scenarios that could affect your estate if left unaddressed. By planning for the unexpected, a wills and estates lawyer ensures your will, enduring power of attorney, and other documents are prepared to handle any complexities.
At the end of the day, a personalised estate plan crafted with a lawyer’s guidance is a safeguard. Sadly, we often see the consequences when people attempt DIY estate planning, only to miss critical details.
A wills and estates lawyer offers peace of mind, knowing your estate plan is thorough and designed to protect your loved ones fully.
An executor is the individual you appoint in your will to handle the administration of your estate after you pass away. Their duties can range from applying for a grant of probate, if necessary, to managing your assets and ensuring they’re distributed according to your wishes. This role may involve coordinating with lawyers, real estate agents, and beneficiaries to carry out your instructions.
While you have the freedom to choose anyone, many people select a spouse or adult children, as they’re often beneficiaries and have a strong interest in seeing the estate managed efficiently. However, it’s best to avoid appointing more than two or three executors, as having too many people involved can make the process complex and impractical.
It’s also wise to name a substitute executor, providing peace of mind that if your primary choice is unable to fulfil the role, someone else you trust can step in to ensure your wishes are respected.
H3: 1. What are my responsibilities as the executor of a will?
As an executor, you are responsible for managing the deceased’s estate according to their will. This includes applying for a grant of probate if needed, settling any outstanding debts, distributing assets to beneficiaries, and ensuring the estate is handled legally and fairly.
Executors may also need to communicate with lawyers, accountants, and other professionals to complete these duties.
As an executor, you are responsible for managing the deceased’s estate according to their will. This includes applying for a grant of probate if needed, settling any outstanding debts, distributing assets to beneficiaries, and ensuring the estate is handled legally and fairly.
Executors may also need to communicate with lawyers, accountants, and other professionals to complete these duties.
If you are a beneficiary, the executor will inform you and provide a copy of the will.
In NSW, certain people, including beneficiaries and immediate family members, have a legal right to request a copy of the will to verify their entitlement. This can be done by contacting the executor or the law firm holding the will.
After probate is granted, the executor must gather all assets, pay any debts or liabilities, and distribute the remaining estate according to the terms of the will. This can involve transferring property, distributing funds, or managing specific bequests.
The executor’s role is to ensure assets are distributed fairly and in line with the deceased’s wishes, though the process can take several months depending on the estate’s complexity.
Yes, if you believe the will does not reflect the deceased’s intentions or if you feel inadequately provided for, you may be able to contest the will.
In NSW, eligible people, such as family members or dependents, can file a family provision claim within 12 months of the deceased’s passing to seek a fairer share of the estate. We strongly recommend consulting a wills and estates lawyer if you plan to take such action.
If an estate’s debts exceed its assets, it is considered insolvent. In this case, the executor must prioritise paying off debts according to legal requirements before any distributions to beneficiaries. Some specific bequests may be reduced or omitted if there are not enough remaining assets to fulfil them.
Executors are advised to work closely with wills and estates lawyers in managing insolvent estates to ensure compliance with NSW laws.
If you believe you may be a beneficiary or have an interest in an estate, certain people are legally entitled to request a copy of the will in NSW. These include:
- Named individuals in the will, whether they are beneficiaries or not
- Beneficiaries listed in an earlier version of the will
- The surviving spouse, de facto partner, or children of the deceased
- Parents or guardians of the deceased
- Anyone who would inherit if the person had passed without a will (under intestacy rules)
- Parents or guardians of minors named in the will or who would inherit under intestacy
- Individuals with potential claims against the estate, including creditors
- Anyone managing the estate under the NSW Trustee and Guardian Act 2009 before the person’s death
- A person holding an enduring power of attorney from the deceased
- Any person identified in NSW succession regulations as having a valid interest
If you meet one of these criteria, you can request a copy by contacting the executor or the person responsible for holding the will, often a law firm.
Acting as an executor can be a complex and time-consuming role, often involving legal, financial, and administrative duties. A wills and estates lawyer can offer essential guidance, from navigating probate and fulfilling legal obligations to managing estate assets and addressing debts and taxes.
With professional legal support, you can ensure each step is completed accurately and in compliance with NSW law, minimising the risk of errors, disputes, or potential liability.
Many executors find that working with a lawyer provides reassurance and helps simplify the estate administration process, making it easier to carry out their responsibilities effectively.