Wills & estate lawyers Sydney
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Whether you're planning ahead or dealing with a death right now, we're here. Fixed fees, plain language, no pressure.
What brings you here?
Most Sydney families don't have a plan. Here's what happens when they don't.
You don't need to be wealthy to need a will. You just need to have people who depend on you.
Right now, the majority of Australians don't have a valid, up-to-date will. When someone dies without one, the NSW Succession Act 2006 takes over and it decides everything. Who gets the house. Who gets the savings. Who gets nothing. That outcome is rarely what the person would have wanted.
This page is for two kinds of people: those who want to make sure their family is protected when they're gone, and those who are in the middle of a death right now and don't know where to start. Both situations are manageable, but only if you act.
Making a valid will in NSW: the most important legal step you can take
Most people put off making a will. Not because they don't care about their family. Because sitting down to write one forces you to think about something nobody wants to think about.
We get that. We've had that conversation with thousands of Sydney families.
If you own a home, have a superannuation account, have children, or have anyone who depends on you financially, dying without a valid will creates a legal mess that falls entirely on the people you leave behind.
What makes a will valid in NSW?
- Made by someone 18 or over, of sound mind
- Signed by the person making it in front of two witnesses
- Witnessed by two independent adults present at the same time
- Appoints an executor to carry out your wishes
- Clearly describes how your assets are distributed
- Addresses superannuation separately via a binding death benefit nomination
Common mistakes people make
- Not updating the will after marriage: in NSW, marriage revokes a prior will entirely
- Not updating after a divorce or separation
- Not accounting for superannuation
- Vague asset descriptions ("my jewellery to be divided equally", with no list)
- Choosing an executor who is elderly, unwell, or may predecease them
- Not telling anyone where the will is kept
Your will covers what happens after death. These two documents cover everything else.
A complete estate plan is three documents, not one. Most people know about wills. Fewer have done the other two, and those are the ones that protect you while you're still alive.
Will
For after death. Distributes your assets, names an executor, appoints a guardian for your children.
- Simple wills from $300
- Mirror wills for couples from $600
- Complex wills: trusts, blended families, business assets
- Binding death benefit nominations for super
Enduring power of attorney
For financial decisions if you lose capacity. Covers bank accounts, bills, and property transactions.
- From $300 to $500 fixed fee
- Covers financial and property decisions
- Remains valid if you lose mental capacity
- Can appoint multiple attorneys jointly
Enduring guardianship
For medical and lifestyle decisions if you lose capacity. Ensures the right people are in control.
- Appoints someone to make health decisions
- Covers accommodation and care choices
- Prevents government tribunal involvement
- Can be combined with power of attorney
How much does a will cost in NSW? Here are the real numbers.
This is the question most people are embarrassed to ask. They shouldn't be. You should always ask about fees upfront, and we'll always tell you.
The cost of not having a will is far higher. Family provision claims cost between $50,000 and $150,000 in legal fees, all coming from the estate before anyone receives anything. Estates with disputed wills typically lose 20 to 30% of their value, and the average dispute takes 18 to 24 months to resolve.
Someone has just died. You don't know what to do next. Here's where to start.
First: you don't need to figure this out today. And you don't need to figure it out alone. There is no legal deadline requiring action in the first 72 hours.
- Register the deathA death must be registered with the NSW Registry of Births, Deaths and Marriages. The funeral home usually assists with this.
- Locate the willCheck personal files, safe deposit boxes, or the NSW Trustee & Guardian's will register. The will names the executor, the person legally responsible for managing the estate.
- Notify relevant agenciesCentrelink, the ATO, Medicare, and all financial institutions need to be told. Payments to the deceased must stop immediately.
- Do not distribute anything yetDebts and taxes must be paid from the estate before anything is distributed. Distributing assets early, even with good intentions, can create personal liability for the executor.
- If there is no willNo one has automatic legal authority. Someone must apply to the Supreme Court of NSW for Letters of Administration before the estate can move forward.
You've been named as executor. Here's what that actually means.
Being named as executor is usually an honour. It's also a legal obligation, one that carries real personal risk if things go wrong.
- Locating and valuing all assets and liabilities
- Paying all outstanding debts and taxes in the correct legal order
- Applying for a Grant of Probate if required
- Managing assets throughout the administration period
- Distributing what remains to beneficiaries
Probate in NSW: what it is, when you need it, and how long it takes
Probate is the Supreme Court of NSW's formal confirmation that a will is valid and the executor has authority to deal with the estate's assets. Without it, banks won't release funds and property can't be transferred.
- Publish a notice of intended applicationThrough the NSW Online Registry. You must wait 14 days before lodging.
- Gather the original willPlus the official death certificate and a full inventory of all assets and liabilities.
- Prepare the formal affidavitSworn by the executor confirming details of the estate.
- Lodge the applicationWith the Supreme Court, including the court filing fee.
Probate is just the beginning. Here's what comes next.
Once probate is granted, the real work begins. As executor, you must collect all assets, pay debts in the correct legal priority, manage ongoing income and expenses, handle the final tax return, and distribute what remains to beneficiaries. For a complex estate, this process can take 12 to 24 months.
Why Sydney families choose JB Solicitors for wills and estates
Fixed fees, written upfront
We provide a written costs agreement before starting any matter. You know exactly what you are paying from day one. No open-ended billing, no surprise invoices.
Accredited specialists
NSW Law Society Accredited Specialists in Wills & Estates Law. Recognised in the Australian Small Business Champion Awards, Local Business Awards, and APAC Insider legal excellence recognition.
24-hour guaranteed callback
When you contact us, a member of our team calls you back within 24 hours. Legal matters can't always wait for a convenient moment, and we are responsive when it counts.
No win no fee disputes
We offer no win no fee arrangements for eligible family provision claims. You pay nothing upfront. Our fee is only charged if the claim succeeds, removing the financial barrier for people with legitimate claims.
Six offices across Sydney
Sydney CBD, Parramatta, North Sydney, Blacktown, Liverpool, and Penrith. Online consultations and home visits available for clients who cannot travel in person.
Multilingual team
We act for clients across Sydney's diverse communities. Our team speaks English, Mandarin, Vietnamese, and other languages. Estate planning and will disputes handled in the language you're most comfortable with.
Contesting a will in NSW: the two legal pathways
In NSW there are two completely different legal pathways. The wrong approach wastes time, costs money, and can end your chances of success.
Family provision claim
You're not arguing the will is invalid. You're arguing the deceased failed to make adequate financial provision for you. You don't need to prove the will was wrong, only that you have a legitimate claim to more.
Validity challenge
You're arguing the will itself should not be recognised, because it was made without capacity, under undue influence, or through fraud. This requires specific evidence and is a completely different legal action.
Who can claim, and what the court looks at
- A spouse or de facto partner, including same-sex partners
- A child of the deceased, including adult children and children born outside marriage
- A former spouse
- A grandchild who was dependent on the deceased
- A person who was a member of the household and dependent on them
The four grounds for challenging a will in NSW
- Lack of testamentary capacityThe person didn't understand what a will was, what assets they had, or who might benefit when they signed it.
- Undue influencePressure or coercion that overrode the person's own free will. More than just having influence: it must have overridden genuine wishes.
- Fraud or forgeryThe will was obtained through deception, or the signature is not genuine.
- Improper executionNot correctly signed or witnessed. Both witnesses must have been present at the same time, and neither can be a beneficiary.
You have 12 months from the date of death. Not from probate. Not from when you found out.
Under section 58 of the Succession Act 2006 (NSW), a family provision claim must be filed within 12 months of the date of death. This is a legal mandate, not a guideline.
If you miss the deadline, you need the court's special permission to proceed. That requires a compelling reason: genuine ignorance of the death, serious illness, or demonstrably wrong legal advice. Extensions are not automatic.
Sending a letter to the executor does not stop the clock. Only filing court documents does.
What does it cost to contest a will in NSW?
The cost depends on the complexity of the dispute and how far it proceeds. Most will disputes resolve through negotiation or mediation, not a full court hearing. That keeps costs down significantly.
For matters that proceed to court, legal costs can run from $20,000 to $150,000 or more. In most successful claims, the court orders that a portion of legal costs is paid from the estate.
A good estate lawyer will give you an honest assessment of the strength of your claim and the financial sense of pursuing it, before you commit to anything. There's no obligation in a first consultation.
Wills and estate lawyers across Sydney, from the CBD to the suburbs
We serve clients from every part of Sydney. Whether you're in the inner city or the outer suburbs, our estate lawyers are accessible in person at one of our six offices, online, or via home visit.
What our clients say
"JB Solicitors guided us through my father's estate with genuine care and complete transparency. They explained every step in plain language and were available whenever we had questions."
"After being left out of my mother's will, I didn't know where to turn. JB Solicitors assessed my situation honestly, explained my options clearly, and secured a fair outcome through negotiation without going to court."
"Fixed fees, plain language, and they actually returned my calls. We finally got our wills, powers of attorney, and guardianship documents sorted, something we'd been putting off for years."
Questions people ask us most often
A straightforward single will typically costs $300 to $600. Mirror wills for a couple usually cost $600 to $900. More complex estates (trusts, blended families, business assets) generally cost $1,000 to $3,000+. We offer fixed fees, so you'll know the cost before we start.
Yes. Will kits cost around $30 to $100. But disputes over DIY wills cost an average of $200,000 to resolve in NSW, coming from the estate. Incorrect execution, vague wording, and failure to account for superannuation are the most common causes. For most people, the cost of getting it professionally drafted is a small fraction of the potential cost of getting it wrong.
A solicitor who specialises in wills, estates, and succession law, not a general practitioner who handles wills occasionally. For complex estate planning, probate applications, or contested estates, specialist experience matters significantly.
Not all of them. Very small estates with no real property may not require probate. But any estate that includes property registered in NSW, significant bank funds, or share portfolios almost certainly will. Banks typically require probate before releasing funds for accounts over $50,000.
Currently between six weeks and several months, depending on the court's workload and how complete the application is. Errors or missing documents cause further delays. Getting the application right the first time is the best way to minimise the wait.
It depends on the complexity of the claim and how far it proceeds. Most disputes resolve through negotiation before reaching a full court hearing. We offer no win no fee arrangements for eligible family provision claims: you pay nothing upfront, and our fee is only charged if the claim succeeds.
There are two distinct pathways: a family provision claim (arguing the deceased failed to make adequate provision for you) and a validity challenge (arguing the will is invalid due to lack of capacity, undue influence, fraud, or improper execution). These are different legal actions with different evidence requirements and different outcomes.
The most frequent: not updating the will after marriage (which revokes a prior will in NSW), not including a binding death benefit nomination for superannuation, using vague descriptions for assets, and choosing an executor who may not be suitable or who may predecease them.
Success rates vary by claim type and individual circumstances. Family provision claims that are well-founded and pursued by experienced lawyers have a reasonable track record of settlement, though no outcome is guaranteed. Claims with weak facts or against very small estates are harder to justify economically.
It varies significantly depending on the strength of your claim, the complexity of the estate, and which pathway applies. Many family provision claims settle through negotiation without going to a full court hearing. A good estate lawyer will give you an honest assessment of your prospects before you commit to anything.
Page reviewed by
John Bui
Principal Solicitor, JB Solicitors
Admitted to the Supreme Court of NSW · NSW Law Society Accredited Specialist in Wills & Estates · Lawyers Weekly 30 Under 30 Finalist (2018) · APAC Insider Legal Excellence recognition
This page is maintained by John Bui and was last reviewed June 2026. Content is general information only and does not constitute legal advice. View full profile →
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