Wills and estates in Sydney: overview
Choosing the right wills and estates lawyer in Sydney is easier when you compare what you need against typical service types and price models:
- Will drafting: simple wills for straightforward estates; tailored wills for blended families, businesses or tax planning; testamentary trusts for asset protection and minor beneficiaries.
- Lifetime appointments: Enduring Power of Attorney (financial) and Enduring Guardian (health/lifestyle) for NSW decision-making if capacity is lost.
- Probate or administration: applying to the Supreme Court of NSW to prove a will (probate) or, if there is no will, seeking Letters of Administration.
- Estate disputes: defending or making a family provision claim, challenging capacity or undue influence, and resolving executor/beneficiary conflicts.
Compare fixed fees for standard documents and clear scopes for more complex matters. Ask for written fee disclosures and timeframes for each step.
Important: NSW rules and court practice affect how wills and estates matters proceed. This page provides general information only and is not legal advice.
Services and typical costs in Sydney
What a Sydney wills and estates lawyer can do
- Draft a NSW will (simple or complex)
- Set up a testamentary trust
- Prepare an Enduring Power of Attorney
- Prepare an Enduring Guardianship appointment
- Advise executors and apply for probate
- Apply for Letters of Administration (no will)
- Assist with estate administration and distribution
- Advise on superannuation death benefits and binding nominations
- Act in family provision claims and will disputes
Typical Sydney costs (guide only)
Actual fees vary by complexity. Ask for a written quote.
- Simple will: $330–$660 inc. GST
- Couple “mirror” wills: $550–$990 inc. GST
- Testamentary trust will: $1,500–$3,500+ inc. GST
- Enduring Power of Attorney or Enduring Guardian: $220–$440 each
- Probate (uncontested): $2,200–$4,400+ legal fees, plus Supreme Court filing fee and disbursements
- Letters of Administration: often similar to probate
- Family provision claim: initial advice $550–$1,500; litigation costs vary and may be ordered by the Court or deducted from the estate
Many firms offer fixed fees for standard wills and clear scopes for probate. For disputes, confirm strategy, prospects and cost arrangements early.
Documents and information that help
Having the right documents ready will speed up quotes and next steps with a wills and estates lawyer in Sydney.
- For a new will: full names and addresses, relationship details, guardians for minors, key assets and liabilities, and who should act as executor(s)
- For Enduring Power of Attorney/Enduring Guardian: your proposed attorney/guardian details and any limits or directions
- For probate: original signed will, death certificate, asset/ liability list (property, bank, shares, super, vehicles), executor ID and any prior grants
- For letters of administration: death certificate, family tree and next-of-kin details, estate asset list, evidence of no will if applicable
- For disputes: timeline of events, prior wills or drafts, capacity/medical records (if relevant), correspondence, and contact details for interested parties
How wills and estates matters usually progress
| Stage | What usually happens |
|---|---|
| Goals and scoping | Clarify your objectives (simple will, trust planning, probate, dispute), confirm NSW requirements and identify urgency (e.g., impending limitation periods). |
| Document prep and review | Collect key records. Draft and sign documents (wills/appointments) or assemble the probate/administration file with asset details and the original will. |
| Application or negotiation | File for probate or letters of administration with the Supreme Court of NSW, or exchange evidence/settlement proposals in a family provision claim. |
| Finalisation | Receive the grant, administer and distribute the estate, or resolve a dispute by agreement or court order and implement the outcome. |
Wills and Estates FAQ (Sydney)
How much does a wills and estates lawyer in Sydney cost?
Guide only (inc. GST, excludes court fees): Simple will $330–$660; Couple mirror wills $550–$990; Testamentary trust will $1,500–$3,500+; Enduring Power of Attorney or Enduring Guardian $220–$440 each; Probate (uncontested) $2,200–$4,400+ plus Supreme Court filing fee and disbursements; Letters of Administration are usually similar to probate; Family provision claim: initial advice $550–$1,500, litigation costs vary and may be payable at settlement or by court order. Ask for a written, fixed-fee quote.
Do I need a lawyer to make a will in NSW?
You do not have to use a lawyer, but legal drafting helps avoid invalid gifts, tax consequences and disputes. A NSW will must be in writing and signed by you in the presence of two adult witnesses who also sign and are not beneficiaries. Complex or higher‑risk situations (blended families, business interests, overseas assets or vulnerable beneficiaries) usually need a wills and estates lawyer.
How long does probate take in NSW?
Uncontested probate in NSW often takes around 6–12 weeks from filing once the paperwork is complete, but timing depends on the Supreme Court registry, document quality and any notices required. Family provision claims generally must be filed within 12 months of the date of death, so executors usually delay final distribution until that period has passed.
Need a wills and estates lawyer in Sydney?
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