Practice Area - Wills and Estates Law

Wills and Estates Planning

At BlackBay Lawyers, we understand that effective estate planning provides peace of mind, ensuring your wishes are respected and your loved ones are cared for. Our dedicated team offers comprehensive wills and estates services, assisting clients through every stage of the planning and administration process with clarity and compassion.

WILLS AND ESTATES CONSULTATION

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Wills and Estates Services

A secure and well-planned estate is essential for safeguarding your legacy and ensuring your loved ones are protected. Individuals and families should take proactive steps to establish comprehensive estate plans, including the drafting of wills, trusts, enduring powers of attorney, and guardianship provisions. These elements ensure that your personal, financial, and healthcare decisions are managed according to your wishes, even in unforeseen circumstances. Our team of Wills and Estates Lawyers offers end-to-end estate planning services, from drafting essential legal documents and structuring testamentary trusts to guiding executors through probate and estate administration. We also provide dispute resolution services for estate conflicts, assist with guardianship and superannuation matters, and prepare bespoke plans to ensure every aspect of your estate is handled with care and legal precision, preserving your wishes and securing peace of mind for the future.

Areas of Expertise - Wills and Estates Matters

Estate Planning

Comprehensive estate planning goes beyond a simple will. It includes strategic approaches to safeguard your wealth, reduce tax liabilities, and ensure a smooth transition of assets to the next generation. Estate planning considers not only asset distribution but also any tax implications, potential liabilities, and specific wishes regarding the preservation of family wealth. A well-structured plan can incorporate trusts and other protective measures that minimise risk and maximise value for beneficiaries, tailored specifically to your family and financial circumstances. Estate planning at BlackBay Lawyers ensures that your legacy is protected and your assets preserved.

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Superannuation

Superannuation and death benefits, often held outside the standard will, are a significant part of many estates. Careful planning ensures that these benefits reach the intended recipients without unnecessary tax implications or legal complications. In particular, nominating beneficiaries within your superannuation fund and structuring these nominations correctly ensures a smooth transfer that aligns with your estate planning goals. BlackBay Lawyers works with clients to review and update nominations as needed, ensuring compliance with fund regulations and offering a cohesive approach to superannuation within the larger estate plan

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Guardianship

Guardianship appointments allow you to designate someone to make decisions regarding your personal, health, and lifestyle choices should you lose the capacity to do so. This includes decisions about medical treatment, living arrangements, and other personal matters. Selecting a guardian is a deeply personal decision and must be documented with clear legal precision. BlackBay Lawyers drafts these appointments to reflect your preferences and values, establishing safeguards to ensure your appointed guardian acts in your best interests. This legal arrangement gives you the assurance that your personal and health-related matters will be managed in line with your wishes.

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Testamentary Trusts

A testamentary trust, established within your will and activated upon your passing, provides a structured way to offer ongoing financial support and security for your beneficiaries. This trust structure is particularly beneficial for families with complex needs, such as minor children, young adults, or blended families, as it allows for controlled access to funds and offers additional protections against third-party claims or potential financial misuse. Testamentary trusts can be crafted to reduce tax burdens on beneficiaries and are highly effective in maintaining asset protection over time, making them a valuable tool in estate planning.

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Drafting Wills

A well-drafted will ensures that your intentions for asset distribution are honoured and helps protect your loved ones from potential disputes. Drafting a legally sound will is crucial to ensure your assets are distributed according to your wishes and in compliance with relevant legislation. This process involves identifying all significant assets, nominating executors and beneficiaries, and addressing any specific bequests you may have, from sentimental items to significant financial holdings. A carefully drafted will can mitigate tax implications for beneficiaries and reduce the likelihood of challenges, securing your peace of mind that your loved ones will be looked after.

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Probate and Estate Administration

Probate validates a will and confirms an executor’s authority to administer the estate, which involves gathering assets, paying debts, and distributing the estate in accordance with the will’s instructions. Estate administration is often complex and can be emotionally taxing for executors, especially when managing high-value estates or those with multiple beneficiaries. BlackBay Lawyers guides executors through this process, ensuring compliance with all legal requirements, protecting them from personal liability, and helping to resolve any claims or disputes efficiently. This support helps executors fulfil their duties smoothly, minimising stress and potential delays.

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Contesting a Will and Estate Disputes

Disputes may arise if beneficiaries feel they have not been adequately provided for, or if there are concerns about the validity of the will. When contesting a will or defending against claims, parties must navigate a nuanced area of law that considers family provision claims, undue influence, and proper execution. BlackBay Lawyers offers careful assessment of these disputes, guiding clients through mediation or, if necessary, court proceedings. We provide comprehensive advice on the merits of a claim, seeking to achieve fair outcomes while preserving estate value and maintaining family harmony where possible.

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Enduring Powers of Attorney

An enduring power of attorney provides a trusted individual with the authority to manage your financial and legal affairs should you become incapacitated. Appointing an enduring power of attorney allows you to select someone whose judgement you trust to act in your best interests and oversee your assets effectively if you are unable to do so. The scope of this power is flexible, allowing you to specify what your attorney may or may not handle on your behalf. Establishing this authority within a legally binding framework reduces potential complications and ensures your financial matters are managed responsibly, giving clarity and reassurance to you and your family.

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Meet The Team

Our Wills and Estates team brings together decades of experience and a history of achieving exceptional outcomes for clients. Under the guidance of our accomplished leadership, we have developed one of Australia’s foremost teams in wills, estate planning, and administration law, known for providing expert support in all aspects of estate management and protection.

Partner

Greg Leather

Greg is a highly respected Australian lawyer with a dedicated practice in Wills and Estates. He is the first point of contact for clients seeking experienced, strategic guidance on all aspects of estate planning and administration, including drafting wills, establishing trusts, and navigating probate matters. Greg's expertise allows him to offer tailored, effective solutions for individuals and families managing high-value and complex estate planning needs.

If you are in need of a Wills and Estates Lawyer, contact Greg below.

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Special Counsel

Dragan Gasic

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Special Counsel

Gosia Klus

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Associate

Yianni van Gelder

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Associate

Isabella Orlic

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Our Approach

At BlackBay Lawyers, our purpose is to empower our clients to overcome their legal challenges with confidence that not only achieve positive results but also foster growth, innovation, and success

We do this by providing exceptional legal solutions that combine the expertise of the best legal talent with cutting-edge technology. Our team is comprised of specialists in Commercial, Regulatory, Employment, Defamation Litigation and Wills & Estates.

We are dedicated to delivering the highest level of service in a holistic manner.

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Wills & Estates Legal FAQ

What happens if I die without a will in Australia?

Dying without a will is known as “intestate.” In this case, your estate is distributed according to the intestacy laws of your state or territory, which may result in:

Immediate family taking precedence: Your spouse, children, or next of kin may inherit your estate.
Unintended outcomes: People you care about (e.g., stepchildren, close friends) might not receive anything.
Complicated legal proceedings: Your family may face lengthy and costly legal processes.

Avoid these challenges by creating a will. BlackBay Lawyers can guide you through the process and ensure your estate is distributed as you intend.

What is the role of an executor, and how do I choose one?

An executor is responsible for carrying out your will’s instructions and managing your estate after your death. Their duties may include:

Identifying and collecting your assets.
Paying outstanding debts, taxes, and liabilities.
Distributing your assets to beneficiaries as per your will.
Handling any disputes or legal issues related to your estate.

When choosing an executor:

Select someone trustworthy and capable of handling financial and legal matters.
Consider appointing a professional executor, such as BlackBay Lawyers, if your estate is complex or your family dynamics are challenging.

Our team can also assist executors in fulfilling their responsibilities to ensure a smooth estate administration process.

How often should I update my will?

You should review and update your will regularly to ensure it reflects your current circumstances. Key moments to revise your will include:

Marriage or divorce: Marriage may invalidate your previous will in some states.
Having children: Include provisions for your children’s care and inheritance.
Major asset changes: Buying or selling property or businesses.
Changes in relationships: When executors, beneficiaries, or guardians are no longer appropriate.
Retirement or significant life changes: Ensure your estate plan aligns with new priorities.

BlackBay Lawyers offers tailored advice to help you review and amend your will whenever necessary.

Why do I need a will?

A will is a legally binding document that outlines how your assets and belongings are distributed after your passing. Without a will, your estate is handled under Australia’s intestacy laws, which may not reflect your wishes. Having a will provides:

Control: Decide how your estate is distributed.
Clarity: Minimise potential disputes among family members.
Protection: Ensure loved ones and dependents are looked after.
Efficiency: Simplify the legal process for your family.

At BlackBay Lawyers, we can help you draft a will that reflects your unique circumstances and ensures your wishes are followed.

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Practice Area - Wills and Estates Law

Wills and Estates Planning

WILLS AND ESTATES CONSULTATION

Wills and Estates Services

Areas of Expertise - Wills and Estates Matters

Drafting Wills

Partner

Greg Leather

Special Counsel

Dragan Gasic

Special Counsel

Gosia Klus

Associate

Yianni van Gelder

Associate

Isabella Orlic

Our Approach

Wills & Estates Legal FAQ

What happens if I die without a will in Australia?

Our expertise. Your call.

enquiries@blackbaylawyers.com | (02) 9100 0889

Level 30, 133 Castlereagh St, Sydney, NSW 2000 Australia

Our expertise.
Your call.