Wills and Estate Planning
The greatest gift you can give the people you love is clarity. A well-made estate plan means that when something happens to you, your family knows exactly what you wanted, and has the legal framework to make it happen.
At Era Succession Law, we provide tailored estate planning advice and bespoke documents for individuals and families across Orange and Central West NSW. We don't use a one-size-fits-all approach. We listen carefully, then build a plan that reflects your actual life: your assets, your relationships, your values.
We work closely with your accountants and financial planners to make sure your estate plan is comprehensive, practical, and properly documented.
What we help with
Wills
A will sets out your wishes for what happens to your assets after you die. We draft wills that are tailored to your situation, whether your affairs are straightforward or more complex, involving trusts, blended families, business interests, or farming assets.
We also prepare and advise on testamentary trusts, which can provide significant tax and asset protection benefits for beneficiaries. If you're not sure whether a testamentary trust is right for you, we'll explain the options clearly.
Powers of Attorney
A power of attorney appoints someone you trust to manage your financial affairs if you can't manage them yourself. In NSW, this can be a general power of attorney or an enduring power of attorney - the difference matters, and we'll help you understand which is right for your circumstances.
Enduring Guardian
An enduring guardian is appointed to make personal and health decisions on your behalf if you lose capacity. This is often set up alongside a power of attorney as part of a complete plan for the future.
This is often coupled with an Advanced Care Directive, which sets out your values and preferences for medical treatment and end of life care.
Superannuation Nominations
Superannuation does not automatically form part of your estate under your Will. A binding death benefit nomination directs your superannuation to be paid to specific beneficiaries on your death.
Estate planning for farming families
Estate planning for farming families has its own considerations — succession to the farm, fair treatment of family members who aren't involved in the business, stamp duty and tax implications, and the challenge of transferring assets that can't easily be divided.
We understand these issues well. If you're planning ahead for the farm, start with a conversation.
Frequently asked questions
Do I need a lawyer to make a will in NSW?
You don't legally need one, but a will that isn't properly drafted, or doesn't reflect your actual intentions, can cause real problems for the people you leave behind. We make sure your will is clear, valid, and does exactly what you intend.
What happens if I die without a will in NSW?
Your estate is distributed according to a fixed legal formula under the Succession Act 2006 (NSW), not according to your wishes. This is known as ‘intestacy’ and can produce outcomes that most people wouldn't choose. We'd strongly encourage anyone without a current will to get one in place.
How often should I update my will?
Any major life change: marriage, divorce, having children, acquiring significant assets, the death of a beneficiary or executor, is a good reason to review your will. We generally suggest reviewing every three to five years regardless.
What is a testamentary trust?
A testamentary trust is a trust created by your will that comes into effect after your death. It can provide significant tax advantages and asset protection for your beneficiaries. We will help you understand whether it's suitable for your circumstances, and explain when it makes sense and when it doesn't.
How long does it take to make a will?
For most clients, we can finalise a will within one to two weeks of our initial meeting. More complex estates or those involving trusts take longer, and we'll give you a realistic timeline at the outset.