Wills & Estates

Lloyd & Lloyd Solicitors offers legal expertise across all aspects of Wills and Estates, including estate planning, drafting wills, probate, estate administration, trusts, powers of attorney and navigating complex family or succession issues.

Estate Planning

Estate planning can be complex, and the unintended consequences of a poorly drafted will can cause immeasurable stress to those left behind.

A will provides clear instruction about how a person wishes their hard-earned money to be distributed in the event of their death.

Our experienced wills and estate lawyers assist our clients to create an estate plan that protects their family. They can also put in place measures to protect their interests should they become ill or unable to make decisions for themselves in the future. These may include an Enduring Power of Attorney, an Enduring Guardian and an Advance Health Directive.

While a will is the cornerstone of an estate plan, there are assets that may not be covered by a will such as superannuation, business interests, life insurance and trusts. Lloyd & Lloyd Solicitors advises our clients on the measures available to deal with these assets in the event of their death.

Wills, Probate and Estates

Creating a will is one of the greatest acts of kindness a person can do for their family. A will ensures that those a person cares about benefit from their financial support when they are no longer around to provide for them.

At Lloyd & Lloyd, our experienced estate planning lawyers understand the dynamics of modern families and the need to create an estate plan that is both comprehensive and flexible. We take the time to get to know each client’s unique personal situation and financial arrangements before translating their intentions into an estate plan that best protects them and their loved ones.

Lloyd & Lloyd’s experienced wills and estates lawyers assist our clients with:

  • Estate planning

  • Creating and updating a will

  • Probate and administering deceased estates

  • Will claims and estate disputes

  • Enduring Power of Attorney

  • Enduring Guardian

  • Advance Care Directives

  • Succession planning

  • Guardianship of children

Trusts and Superannuation

The manner in which assets or property within a business, charity or a family are held is an important consideration for wise succession planning and tax purposes. At Lloyd & Lloyd we help our clients structure their asset ownership to their individual needs to best advantage.


We offer advice including:

  • Self-managed superannuation advice, including establishing bare trusts

  • Trust creation

  • Special disability trusts

  • Charities establishment

Estate Planning FAQ

What is an Enduring Power of Attorney?

An Enduring Power of Attorney is a legal document that allows another person to make legal and financial decisions on behalf of a person. Unlike a General Power of Attorney, it remains in force if the person becomes unable to make these decisions for themselves, i.e. if they lose capacity.

What is an Enduring Guardian?

 An enduring guardianship appointment allows a trusted person (who agrees to the role) to make medical and lifestyle decisions on behalf of a person if they lose capacity. A person needs to inform the appointed person about their medical and lifestyle decisions and wishes—and update them if they change their mind. An Enduring Guardian document does not empower anyone to make financial decisions on behalf of a person if they lose capacity. If that is what is required, an Enduring Power of Attorney is needed.


What is an Advance Care Directive?

An Advance Care Directive, sometimes called a living will, allows a person to provide instruction regarding their future health care including end of life stage medical decisions and comes into effect if they are ever unable to make decisions for themselves.

Who needs a will?

Everyone over 18 needs a will.


Is a will valid?

A will is valid unless a person marries, divorces or makes a new will (provided it is properly signed and the person has capacity). However, it’s a good idea to update a will whenever there are significant changes in a person’s family or financial situation.


Left out of a will?

 If a person has been left out of a will or not provided for there may be avenues for them to challenge the will. For example, if there is a question of mental capacity or undue influence at the time the will was executed. Our estate planning lawyers advise on clients on whether they have grounds to challenge the will and their likelihood of being successful.


Dying without a will

 Many people believe that if they die without a will their estate automatically passes to their spouse. This is not always correct. In fact, a person’s estate is distributed by a prescribed legal formula which may be very different from what is expected.

Additionally if a person dies “intestate” (without a will), an administrator is appointed by the Supreme Court of NSW. This may not be the person the deceased person would have chosen.


When is a testamentary trust useful?

A testamentary trust is created by a person’s will and used to protect their assets and reduce the tax their beneficiaries may be liable to pay.

It is often used in cases where the person making the will is concerned about the beneficiary’s ability to manage their inheritance appropriately or to protect against claims on the beneficiary’s assets caused by the breakdown of a personal and business relationship.