Wills & Estates

Making a Will in NSW 

Making a will is the only way to ensure your wishes are fulfilled, and loved ones are cared for when you are gone. Although when making a will in NSW, it may seem possible to do so using a will kit, however it is highly inadvisable as most people do not have the required understanding of Succession Law and therefore do not understand the importance of their individual circumstances.

Last Will and Testament — Defined

A will is a legal document that outlines instructions relating to the care of your children and the distribution of your estate, property, and other assets when you pass. Not just this, but a will details specifically who will receive your property (including bank balances) and exactly how much each individual or entity will receive.

A will also names an executor who is responsible for administering your estate when you pass.

1. Get In Touch

Call me or enquire online for an obligation-free quote.


2. Information Collection

If you are happy to proceed, we will email you a questionnaire so we can assess if you have any issues which need to be addressed with the documents required.


3. Discussion

We can contact you by phone or see you in person at our office to discuss any issues and answer any questions you may have.


4. Prepare Documents

The draft documents will be emailed to you for you to check. We can discuss any questions about the drafts on the phone, and if necessary amended draft documents will be emailed to you until you are totally happy.

5. Signing Documents

The documents can be signed at our office in Epping or at your place or somewhere in between, whatever you prefer. I do not charge travel fees for signing these documents. If we are seeing you at your home or elsewhere, we will need another person who is not a beneficiary and over 18 as the second witness for the Will.

I also have advanced experience in drafting Testamentary Discretionary Trusts which provide a greater level of control over the distribution of assets to beneficiaries. In many cases they offer valuable advantages over standard Wills for example:


  • Asset protection:
  • The ability of beneficiaries to control their inheritance in a way that the assets do not form part of their estate.
  • This is important for circumstances such as;
  • Protecting from Family Court Orders;
  • Providing for special needs of beneficiaries with disabilities or any other issues that may affect their ability to manage their financial affairs;
  • Providing asset protection if a beneficiary is a company director or a business owner;
  • Minimising tax in certain circumstances.
  • Maintaining assets within your lineal descendants;

Why you need a Will-to Protect Your Loved Ones


Life today is more complex than it used to be. We own more assets, and property values have skyrocketed. If you’re relying on intestacy laws to handle everything after you’re gone, think again.


When you pass without a Will, your loved ones may face the lengthy and costly process of applying for Letters of Administration just to manage your estate.


Even worse, the lack of clear instructions can lead to tension and disputes among beneficiaries—at a time when they’re already grieving.


As solicitors, we’ve seen even the closest families fall into conflict after a loved one passes. It’s heartbreaking and avoidable.

Family Provision Claims


To prevent people from leaving their beneficiaries without adequate support and potentially relying on government benefits, the law includes protections under Section 57 of the Succession Act 2006.


  • A former spouse (even one with whom you’ve had a financial settlement),
  • Children,
  • Grandchildren,
  • Someone who was financially dependent on you at any time,
  • Anyone who was a member of your household,
  • Or someone with a close personal relationship who provided domestic, emotional, or personal care (other than paid carers)


Your estate could be subject to a family provision claim if you haven’t made “adequate” provision for the “proper” maintenance, education, and advancement of their life.

When such claims arise, the Court considers both the claimant’s and your beneficiaries’ current assets and future needs. This often results in those with fewer assets benefiting the most, which may not align with your true intentions.


To ensure your wishes are respected and your estate is distributed according to your desires, it’s crucial to have a carefully drafted Will that clearly outlines your intentions and anticipates potential challenges.


Creating a Will is a straightforward process. Contact me, and I’ll guide you through it step by step, ensuring your wishes are honoured and your family is protected.

Why Hawkesbury Legal

When making a will in NSW, it is best to have it written by an expert to prevent it from being challenged for being incomplete or inaccurate later on. 


By acquiring the help of a professional when undertaking estate planning or establishing a will, you can be sure that all the relevant details are included, and the information is written to your exact specifications. Having your will written by a professional also ensures asset protection and reduces the likelihood of family provision claims being made. 


At Hawkesbury Legal, I have had extensive experience in estate planning and will writing from the most simple to the extremely complicated. You can rest assured that if you are seeking professional help in estate planning or making a will in NSW, you have come to the right place.

Talk to an Expert Today

If you require assistance or would like to know more about the legal solutions we provide, please don't hesitate to contact us today! 

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