Where you may be now
Who will look after the people you love?
Most people know they should have a will but put it off. Yet without one, the law decides who receives your estate, and it may not be who you would choose. Families are left to sort it out at the hardest possible time.
A will matters even more if you have young children, a blended family, have recently separated, or own a business. It is also worth knowing that some things, like your super and life insurance, are not covered by your will unless you plan for them. We look at the whole picture and keep it simple.
How the law works
Wills and estates in NSW
Wills in NSW are governed by the Succession Act 2006 (NSW). The key rules:
- Formalities
A will must be in writing, signed and witnessed by two people present at the same time. - Marriage and divorce
Marriage generally revokes a will unless it was made in contemplation of that marriage. Divorce generally revokes gifts to, and appointments of, a former spouse. Separation does not. - Family provision
Eligible people can apply to the Supreme Court for provision from an estate within 12 months of death. NSW courts can also designate property outside the estate (for example, some jointly held assets, superannuation and property disposed of before death) as notional estate available to meet a claim. - Intestacy
If there is no valid will, the estate passes under a statutory formula that may not reflect your wishes.
Superannuation is governed by the fund's trust deed and superannuation law. A binding death benefit nomination, properly made and kept current, directs the trustee.
Planning for your family
Blended families, businesses and more
What a complete plan covers
- A will that says who receives what, and who looks after young children
- Testamentary trusts to protect children's inheritances
- Superannuation and life insurance nominations
- Fair provision for a partner and children from different relationships
- Who takes over a family business or family trust
- Enduring powers of attorney and guardianship
Blended families
Second marriages bring competing responsibilities: to your current partner and to children from earlier relationships. A well-planned will, and sometimes a financial agreement, can balance both.
After separation
Until you are divorced, your spouse may still inherit under your will and receive your super. Update your plan as soon as you separate. We can help with this alongside your family law matter.
How we help
Your family's plan, made simple
We take the time to understand your family, your structures and your wishes, and we explain every document before you sign. We work alongside your accountant and financial adviser, and we review your plan as your life changes.
When the time comes, we also help your executors with probate and estate administration, and we prepare the enduring powers of attorney and guardianship that protect you during your lifetime.
Last reviewed 27 September 2026 · General information only, not legal advice