Wills, estate planning and probate

We can help you with:

Wills advice
drafting and updating Wills
deceased estates
probate and administration of estates
estate planning advice and administration, in the event that a Will is deemed invalid or if someone dies without a Will

acting on behalf of executors
inheritance disputes or contests concerning Wills
powers of attorney
appointments of enduring guardianship
keeping your original documents in safe custody in our office at no cost

Why is estate planning important?

Estate planning is an effective means of providing a financial legacy for children or grandchildren, supporting a cherished cause, having a strategy in place when it becomes difficult to manage finances and arranging for your future health care needs. We work closely with clients to structure an estate plan to stand the test of time.

Why make a will?

If you are over 18 years of age, then you should have Will. It is essential to make a Will if you are concerned about who will receive your assets and belongings after you die, and it is important to get legal advice to minimise potential claims against your estate. If you do not make a Will your assets will be distributed under a rigid formula regardless of what you might have wished.

Regardless of whether you are challenging or defending a Will, planning for retirement or helping aging or disabled family members, we can help you evaluate your options.

You should always keep you Will an up-to-date, reviewing it every 3-5 years or when you have significant change in your circumstances like getting married, having a child or separating. It makes distributing your estate far easier on your beneficiaries in what is already a difficult time.

Q&A Legal & Conveyancing offers an easy and cost-effective way to draw up a Will. We can assist you with the preparation of your Will, no matter how simple or complex. Beyond this, we can also prepare your Power of Attorney, Enduring Guardian document and Advanced Care Directive, all of which are important.

When I have had clients in need of legal expertise Angie is the first person who comes to mind. Angie's strength is her ability to take complex situations and explain them without the jargon. Dealing with Angie and the team at A J Anthony & Associates is a pleasure. Some of the area's of law which Angie has worked with myself include Estate Planning, conveyancing, lease reviews, contracts for purchase & sale of business, asset protections strategies & self managed superannuation. Angie goes above & beyond for her clients and is very approachable. Angie provides her clients with peace of mind - which is what we are all after.

Warwick Jackson
Partner at Foxgroup Chartered Accountants

Over 25 years' experience in wills and estate planning

Wills & Estate Planning

The importance of making a Will

It’s not really something we like to think about, but having our affairs in order can bring us peace of mind and leave us free to enjoy life.

Regardless of what stage of life your are in, it’s important to have a current and up-to-date Will. Making sure your affairs are in order means you can make things easier for those you’re leaving behind.

Estate planning has two main goals: to ensure your loved ones will be cared for and to reduce the risk of a dispute over the assets you leave behind. Preferably you would like to minimise the tax paid by everyone involved as well.

Keeping your Will up-to-date

It’s essential to keep your will up to date and ensure that it still matches your wishes. Life changes are inevitable and your will must keep up with them. If you marry, divorce or remarry it’s important to make a new will. In most cases, a will becomes invalid when you marry (or divorce), so it’s a good idea to seek professional advice if this applies to you.

Estate Planning is more than just a Will.

It is important that you put in place a Power of Attorney and an Enduring Guardianship in case you lose your mental capacity or if the need arises whereby legal and financial decisions have to be made on your behalf.

Property Law

We at Q&A Legal & Conveyancing can provide you with clear, professional advice in all areas of property. We understand that buying or selling a property is a big decision and a significant matter. We cater to all people making property transactions in New South Wales, including national and international investors. Our clients include first home buyers, mums and dads, investors and businesses.

If you are buying your first home or your twenty-first home, an experienced solicitor will efficiently assist you through the process.

Whether refinancing into a single name or selling the former matrimonial home a solicitor ensures your conveyance is done properly, all the relevant searches are completed and you receive all your stamp duty concessions.

Our conveyancing services are offered at competitive rates, and we deliver them through a highly qualified team.

Business Law

If you are just starting a business, consider yourself an entrepreneur, looking to sell out or anything in between, we can help you with:

advice with regard to business structures, including partnerships, trusts and corporations
purchase and sale of business franchises and companies
commercial and retail leases
start-up contracts for businesses and companies, including partnership and shareholder agreements
advice on general commercial agreements

FREQUENTLY ASKED QUESTIONS

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Why is it worth making a will?

It’s not really something we like to think about, but having our affairs in order can bring us peace of mind and leave us free to enjoy life.

It’s not really something we like to think about, but having our affairs in order can bring us peace of mind and leave us free to enjoy life....

Should everyone put a Power of Attorney in place?

Yes. It is important for all people over the age of 18 years to have made a Power of Attorney. The person appointed as the Attorney is able to make legal and financial decisions on behalf of the person making the appointment if that person needs assistance in those areas.

Yes. It is important for all people over the age of 18 years to have made a Power of Attorney. The person appointed as the Attorney is able to make...

Is my super covered by my will?

When you die, you can leave your house, your car, your savings account and your jewellery to whoever you please, just by completing a will.

But superannuation is different. A will does not necessarily guarantee what happens to the distribution of your super in the event of your death. Under Australian law there are restrictions on who can receive your superannuation death benefit and how it can be paid.

There are steps you can take to ensure your superannuation death benefit goes to the right people and about two-thirds of our members have made an active choice. To make an informed choice, you need to understand who you can nominate and the different types of nominations you can make.

Your superannuation benefits won’t be covered by your will, except to the extent that you have specifically nominated your estate as a beneficiary. So, if you want your super to be distributed in a particular way, you must tell your super fund what you want. For example, you might want to nominate:

your dependants, if you want your superannuation benefits to be distributed directly to them (separate from any estate distributions), or
your estate (which would mean your superannuation benefits would then form part of your estate and would be subject to any outstanding debts and any complications in settlement).

You can make either a ‘binding’ or a ‘non-binding’ nomination of beneficiary to your superannuation fund, and it’s important to understand the differences between these alternatives.

A binding nomination allows you to specify one or more dependants, or your estate to receive your super benefit and, if the nominations are valid, the Trustee will simply pay as directed by you.

A non-binding nomination is similar, but in this case the Trustee has a legal obligation to make the final decision about who will get the benefit and, if there is more than one dependant, how the benefit will be divided between them. Before paying the benefit, the Trustee must take into account the non-binding nominations you have made, any representations made by persons claiming an entitlement to the benefit as well as a number of other factors.

When you die, you can leave your house, your car, your savings account and your jewellery to whoever you please, just by completing a will.

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Should everyone put an Enduring Guardianship in place?

Yes. An Enduring Guardianship is where a person appoints someone as their guardian. This document only becomes effective if the person who made the appointment has lost his or her mental capacity. The guardian can make medical, lifestyle and health decisions on behalf of the person.

Yes. An Enduring Guardianship is where a person appoints someone as their guardian. This document only becomes effective if the person who made the...