Allwright Bourke

Wills and Estates Lawyers in NSW

Allwright Bourke Lawyers & Conveyancing provides expert advice and services in Wills and estates, whether you’re in Dubbo, Parkes, Forbes, Tumut and beyond. covering everything from drafting simple wills to handling complex estate planning. Our experienced team ensures your assets are protected, your wishes are respected, and your family’s future is secured.

Wills and Estates Planning in NSW

WHAT IS WILLS AND ESTATES PLANNING?

▶ Wills and estates planning is the process of organising your financial, legal, and personal affairs so that your assets are distributed according to your wishes after you pass away. It involves creating a legally binding Will, appointing guardians for minor children, and nominating an executor to manage your estate. A well-structured estate plan can also address tax obligations, reduce liabilities, and ensure that healthcare decisions are carried out as per your preferences. 

We understand that discussing Wills and estates can feel so overwhelming. That’s why we’re here to make the process simple, stress-free, and personalised to suit your circumstances. With years of experience in estate planning in NSW, we provide expert guidance every step of the way.

WHY IT’S IMPORTANT:

▶ Without a valid Will, the NSW laws of intestacy will determine how your estate is divided. This may result in outcomes that don’t align with your intentions or create unnecessary stress for your loved ones. Proper estate planning ensures:

  • Your assets are distributed exactly as you wish.
  • Family disputes are minimised.
  • Tax burdens on your beneficiaries are reduced.
  • Your children or dependents are cared for by trusted individuals
HOW WE CAN HELP YOU WITH WILLS AND ESTATES IN NSW
  • DRAFTING WILLS

    Create a legally binding Will that clearly outlines how your assets should be distributed. We ensure every aspect of your Will complies with NSW laws, giving you confidence that your wishes will be honored.

  • TESTAMENTARY TRUSTS

    Establish trusts within your Will to protect family wealth, reduce tax liabilities, and provide long-term financial security for beneficiaries such as children or grandchildren.

  • GUARDIAN APPOINTMENTS

    Appoint trusted individuals to care for your minor children if something happens to you. This ensures their wellbeing is safeguarded by someone you choose.

  • UPDATING WILLS

    Life changes and so should your Will. Whether it's marriage, divorce, the birth of a child, or acquiring new assets, we help you update your Will to reflect these significant milestones.

  • END-OF-LIFE DECISIONS

    Plan ahead by documenting healthcare preferences or appointing someone to make medical decisions on your behalf if you're unable to do so.

PROTECT WHAT MATTERS MOST!

Don’t leave the future of your loved ones to chance. Whether you’re drafting a Will for the first time or need help updating an existing estate plan, we’re here to guide you through every step of the process. Contact us today to schedule a consultation with our team of wills and estates experts in NSW. Let us help you secure peace of mind for yourself and those you care about most.

Power of Attorney Services in NSW

WHAT IS AN ENDURING POWER OF ATTORNEY

▶ Planning for the unexpected is essential to ensure your wishes are respected and your affairs are managed effectively. An Enduring Power of Attorney (EPOA) is a critical legal document that allows you to appoint a trusted individual to handle your financial and legal matters in case you lose the capacity to do so yourself.

An Enduring Power of Attorney (EPOA) empowers you to designate someone you trust, often referred to as your “attorney”, to manage your affairs when you are unable to make decisions due to incapacity. Unlike a general power of attorney, which ceases to be valid if you become incapacitated, an EPOA remains effective, providing long-term protection and peace of mind.

WHY IT’S IMPORTANT:

When you appoint an attorney through an EPOA, they gain the authority to undertake a variety of important tasks, including:

  • Managing Bank Accounts: Ensuring bills are paid and funds are accessible.
  • Handling Real Estate Transactions: Buying, selling, or leasing property on your behalf.
  • Overseeing Investments: Managing shares, superannuation, and other financial assets.
  • Filing Taxes: Dealing with the Australian Taxation Office (ATO) for tax returns and obligations.
  • Continuing Business Operations: If you own a business, your attorney can ensure its continuity during your absence.


The right person for this role is crucial. Your attorney should be trustworthy, financially responsible, and capable of acting in your best interests. Many individuals opt for a spouse, adult child, or close friend; however, in more complex situations, enlisting a professional attorney may be advisable.

Failing to establish an EPOA can lead to significant challenges for your family. Without this document in place, loved ones may need to apply to the NSW Civil and Administrative Tribunal (NCAT) for legal authority to manage your finances. This process can be stressful, time-consuming, and costly, adding unnecessary burden during difficult times.

By creating an EPOA, you eliminate these risks and ensure that your financial affairs are handled according to your preferences. It provides clarity and direction for your loved ones when they need it most.

WHAT DOES IT COVER?
  • FINANCIAL MANAGEMENT

    Your attorney can handle day-to-day financial responsibilities such as managing bank accounts and paying bills.

  • PROPERTY TRANSACTIONS

    They have the authority to buy, sell, or lease real estate on your behalf, ensuring that property matters are addressed promptly.

  • INVESTMENT OVERSIGHT

    Your attorney can manage investments like shares and superannuation funds, safeguarding your financial interests.

  • TAX MATTERS

    They will handle tax filings and communications with the ATO, ensuring compliance with legal obligations.

  • BUSINESS OPERATIONS

    If you run a business, your attorney can oversee its operations during your incapacity, maintaining continuity and stability.

TAKE CONTROL OF YOUR FUTURE!

Don’t leave your financial future to chance. Establishing an Enduring Power of Attorney is a proactive step toward ensuring that your wishes are respected and that your affairs are managed according to your preferences.

Contact us today for expert guidance on creating an EPOA tailored to your needs in NSW. Our experienced team will help you navigate this important process with ease and confidence.

Enduring Guardian Services in NSW

WHAT IS AN ENDURING GUARDIAN?

Planning for your future health decisions is essential. All Wright Bourke provides expert guidance on Enduring Guardianships in NSW, ensuring your preferences are respected if you cannot make decisions yourself.

An Enduring Guardian is someone you legally appoint to make medical, health, and lifestyle decisions on your behalf when you lack the capacity. This crucial role ensures your values are honored, particularly regarding medical treatments and living arrangements. Without one, these critical decisions may be made by others, potentially not reflecting your wishes.

At Allwright Bourke, we understand the importance of having control over your future. Appointing an Enduring Guardian gives you that control. We provide clear, compassionate legal advice to help you through every step of the process.

HOW TO CHOOSE THE RIGHT GUARDIAN

Selecting your Enduring Guardian is a personal and important choice. This person should:

  • Know you well and understand your values.
  • Be willing to act in your best interests.
  • Be able to communicate effectively with medical professionals.
 

Open and honest communication with your chosen guardian is vital so they understand your preferences and any specific instructions you want them to follow. We can help facilitate those important conversations.

Qualities of an Effective Enduring Guardian:

  • Trustworthy and reliable.
  • Available and accessible.
  • Empathetic and able to handle difficult situations.
WHY APPOINTING AN ENDURING GUARDIAN IS ESSENTIAL

Without an Enduring Guardian, your family may face stress and disagreements when making health decisions for you. By appointing a guardian, you:

  • Avoid potential family conflicts.
  • Ensure your medical wishes are followed.
  • Maintain control over your healthcare decisions.
  • Provide peace of mind for yourself and your loved ones.
WHAT DOES IT COVER?
  • MEDICAL TREATMENT

    Consenting to or refusing medical procedures, surgeries, and medications.

  • RESIDENTIAL CARE

    Deciding where you live, including staying at home or moving to an assisted living facility.

  • PERSONAL CARE

    Managing your daily care needs like meals, hygiene, and daily routines.

  • END-OF-LIFE DECISIONS

    Making choices about life support and palliative care.

Don’t leave these critical decisions to chance. Contact Allwright Bourke today for expert assistance with creating your Enduring Guardian document in NSW. Our experienced team is here to provide compassionate and professional support. Schedule your consultation now!

Intergenerational Transfers and Succession Planning in NSW

WHAT ARE INTERGENERATIONAL TRANSFERS?

Ensure a smooth transition of your assets and business to the next generation with expert Intergenerational Transfer and Succession Planning services in NSW. At Allwright Bourke, we help families preserve wealth, minimise taxes, and avoid disputes.

Intergenerational transfers involve passing assets, wealth, or businesses (like farms, family-owned companies, or real estate) from one generation to the next. This process is a crucial element of succession planning. Ensuring these transfers are legally sound, tax-efficient, and aligned with your family’s goals is essential for preserving family wealth and maintaining harmony.

We specialise in helping families in NSW structure intergenerational transfers to ensure a seamless transition of assets while minimising tax liabilities and protecting family harmony. Whether you’re planning for retirement, seeking to secure your legacy, or protecting your business for future generations, we provide tailored solutions to meet your unique needs.

WHY THEY MATTER

Without proper planning, the transfer of assets can lead to unintended tax consequences, family disagreements, and even the failure of businesses of farms. Intergenerational transfers are about more than just legal documents; they’re about creating a sustainable future for your family’s legacy. Proper planning is key to avoiding these pitfalls and ensuring a prosperous future for generations to come. 

 

BENEFITS OF INTERGENERATIONAL TRANSFER PLANNING INCLUDE:

  • Minimising tax liabilities and financial burdens. 
  • Preventing family disputes and maintaining harmony.
  • Ensuring the continuity of family farms and businesses. 
  • Protecting assets from potential future risks.
THE KEY ASPECTS
  • FAMILY FARM OR BUSINESS TRANSFERS

    For families in agriculture or business, ensuring continuity is critical. We assist with creating legal structures to transition ownership, management, or both while minimising disruption.

  • TAX AND FINANCIAL CONSIDERATIONS

    Effective planning can reduce or eliminate capital gains tax, stamp duty, and inheritance tax burdens. We provide comprehensive tax planning advice to maximise benefits for your family.

  • TRUSTS AND WILLS

    Establishing family trusts or updating your will can ensure assets are distributed fairly and according to your wishes. We tailor these legal documents to reflect your specific goals and circumstances.

  • ASSET PROTECTION

    Legal safeguards can prevent assets from being lost due to divorce, financial mismanagement, or legal disputes. Our strategies help protect your family's wealth for future generations.

START PLANNING TODAY!

Don’t leave the future of your family’s assets to chance. Contact us today for expert advice on Intergenerational Transfers and Succession Planning in NSW. Our experienced team is here to help you create a tailored plan that secures your legacy for generations to come.

Conflict Resolution and Mediation in NSW

WHAT IS MEDIATION?

▶ Navigating family disputes can be emotionally challenging, especially when it comes to inheritance, succession planning, or family business. Allwright Bourke offers expert Conflict Resolution and Mediation services to help families resolve disputes constructively without the need for costly litigation.

Family mediation is a structured process where a neutral third party (the mediator) helps resolve disputes in an amicable manner. This approach is particularly valuable for resolving conflicts related to inheritance, Wills, and succession planning— areas where emotions often run high. Our experienced mediators provide guidance that fosters understanding and cooperation among all parties involved.

We understand the importance of preserving relationships while resolving disputes efficiently. Our mediation services are designed to:

  • Save Time: Disputes can often be resolved in weeks rather than years.
  • Reduce Costs: Mediation is significantly less expensive than litigation.
  • Preserve Relationships: Unlike court battles, mediation fosters understanding and reduces hostility.
  • Offer Flexible Solutions: Families can craft unique agreements that courts may not offer.
COMMON ISSUES ADDRESSED THROUGH MEDIATION

Mediation effectively addresses various complex issues within families:

  • INHERITANCE DISPUTES

    Conflicts over how a loved one's estate is divided.

  • SUCCESSION PLANNING DISAGREEMENTS

    Resolving tensions around the distribution of family businesses or farms.

  • TRUST AND ESTATE ADMINISTRATION

    Addressing concerns about how executors or trustees are managing assets.

  • FAMILY BUSINESS CONFLICTS

    Navigating disagreements about roles, responsibilities, and ownership.

WHEN SHOULD YOU SEEK MEDIATION?

▶ Mediation is most effective when disagreements arise but relationships remain salvageable. Whether you’re navigating estate disputes or planning intergenerational asset transfers, mediation offers a constructive way to resolve issues without the stress of court proceedings.

Ideal Scenarios for Seeking Mediation:

  1. Early stages of conflict before relationships deteriorate further.
  2. Situations requiring creative solutions beyond legal precedents. 
  3. Cases involving sensitive personal matters where privacy matters most.
WHEN SHOULD YOU SEEK MEDIATION?

Don’t let conflicts escalate into costly legal battles that strain family ties further. Contact Allwright Bourke today for expert conflict resolution and mediation services tailored specifically to your needs in NSW.

COSTS

STANDARD OR "TRADITIONAL" PACKAGES

These packages suit most people who do not require complex Wills or Testamentary Trusts, or for those who do not have asset protection concerns.

STANDARD WILL

Single:

$440

Couple:

$660

ENDURING POWER OF ATTORNEY (EPOA)

Single:

$440

Couple:

$660

ENDURING GUARDIAN

Single:

$440

Couple:

$660

WILL & EPOA

Single:

$660

Couple:

$1,100

WILL & EG

Single:

$660

Couple:

$1,100

EPOA & EG

Single:

$660

Couple:

$1,100

WILL, EPOA & EG

Single:

$1,100

Couple:

$1,500

STANDARD PACKAGE INCLUSIONS
  • Two (2) consultations with a Solicitor (In person or via video)
  • Assessment of your circumstances
  • Bespoke legal advice
  • Traditional Wills might include specific gifts, Rest & Residue clauses, simple trusts to hold money for minor beneficiaries, standard right or residence or life estate clauses, simple defensive clauses & standard executor/Trustee power clauses.
  • We look at assets ownership and structure, and recommend changes that may be required to affect your testamentary wishes or for asset protection — and work with your accountant or financial advisor.

  • We look at your family tree and dynamics to assess the "eligible people" under the Succession Act, assess potential disputes and discuss mitigation.

TESTAMENTARY WILLS OR COMPLEX ESTATE PLANNING

These packages are suitable for anyone who has complex assets, in addition to those included in the standard package.

Complex estate planning may include deeds of family arrangement, changing or establishing Trusts during your lifetime, working with family and accountants to do intergenerational transfers, setting up multiple testamentary trusts in a Will.

TESTAMENTARY TRUST WILL

Single:

$2200*

Couple:

$3300*

WILL INCLUDING A SPECIAL DISABILITY

Single:

$2200*

Couple:

$3300*

COMPLEX ESTATE & SUCCESSION PLANNING

*Hourly rates apply

* Disbursement costs (such as title searches, ASIC searches) are in addition.
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BUDGET-FRIENDLY "WILLS NO FRILLS" PACKAGE

Wills No Frills is suitable for clients who have simple wishes and who do not require legal advice.

You will answer a questionnaire online, a solicitor will review the questionnaire and will then draft and email you with your documents to sign.

Wills No Frills wills are simple wills that help client create a valid Will, with all the correct words to appoint an Executor(s), give specific gits and leave the rest & Residue of their estate. The Wills have standard Executor/Trustee clauses.

Wills No Frills wills are not suitable for anyone who has complex assets, anyone who anticipates a dispute over their estate or who requires testamentary trusts.

SIMPLE WILL

(All States of Australia)

$120

NSW ENDURING POWER OF ATTORNEY (EPOA)

$250

NSW ENDURING GUARDIAN (EG)

$250

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FREQUENTLY ASKED QUESTIONS

If you pass away without a Will, your estate will be distributed according to NSW intestacy laws. This means your assets may not go to the people you intended, and the process can be more complicated for your loved ones.

It's recommended to review your Will every 3-5 years or after major life events such as marriage, divorce, having children, or acquiring significant assets.

Yes, a mutual Will can be altered or revoked under certain circumstances. It's essential to understand the legal implications and processes involved in making such changes. For detailed guidance, read our blog post: Can You Rescind or Terminate a Mutually Binding Will?

Disentitling behavior refers to actions by a potential claimant that may disqualify them from receiving a share of the estate. Understanding how courts assess such behavior is crucial. Learn more in our article: Disentitling Behavior in Family Provision Claims

Yes. If the person you named as executor is unwilling or unable to carry out their duties, they can formally renounce their role. If no backup executor is named, the court will appoint one.

Restrictive practices involve actions that limit a person's rights or freedoms, often in aged care settings. Understanding their relationship with enduring guardianship is vital. Read more here: Restrictive Practices and Enduring Guardianship

STILL HAVE QUESTIONS?

Estate planning can be complex, and every situation is unique. If you didn’t find the answer you were looking for, explore our latest articles for expert insights on wills, estates, probate, family provision claims, and more.

VISIT OUR BLOGS AND EBOOKS 

We also have articles covering commercial law, family law, conveyancing, agribusiness, mediation, and other legal areas, so you can stay informed about all aspects of the law that may affect you.

Take control of your future — Start your estate plan today!

Protect your loved ones and ensure your wishes are honored with a well-structured estate plan. Whether you need a will, probate assistant, or estate dispute resolution, our expert team at Allwright Bourke Lawyers & Conveyancing is here to help.