Wills, Estate Planning & Deceased Estates
Protect what matters most
Planning ahead is not only about preparing for the future. It is about making thoughtful decisions now — so your wishes are clear, your loved ones are protected, and the right people are empowered to act when needed.
At Lawson Stanford Lawyers, we advise individuals, couples and families across NSW on wills, estate planning and deceased estates, providing clear, practical and tailored guidance at every stage of life.
Estate planning is more than just a Will
A sound estate plan often includes three key documents. For many people, having only one is not enough.
Will
Sets out how your estate is to be dealt with after your death, including who you appoint as executor and who is to benefit.
Power of Attorney
Allows someone you trust to make legal and financial decisions for you during your lifetime.
Appointment of Enduring Guardian
Allows someone you trust to make personal, lifestyle, accommodation and medical decisions for you if you lose capacity.
A complete estate plan usually requires all three documents working together.
Already have a Will? It may still need updating
A Will should be reviewed whenever there is a significant change in your life or circumstances.
You should consider updating your Will if you:
- Get married
- Separate or divorce
- Have children
- Enter a blended family
- Buy or sell property
- Start, expand or sell a business
- Experience a major change in assets or relationships
- Wish to change your executor or beneficiaries
Even where a Will remains valid, it may no longer reflect your wishes or current family structure.
Common issues people often overlook
A Power of Attorney ends on death
After death, the executor named in the Will becomes the relevant person to deal with the estate.
Financial and medical decisions are different
A Power of Attorney covers legal and financial matters. An Enduring Guardian covers personal, health and lifestyle decisions.
Marriage, separation or divorce can affect your estate planning
Major relationship changes are one of the most important reasons to review your documents.
The wrong executor can create serious difficulties
The role requires judgement, reliability, organisation and the ability to manage paperwork and people.
DIY changes can create expensive problems
Informal edits or outdated documents can create uncertainty and complications later.
Probate and Letters of Administration
When someone passes away, it is often necessary to determine whether a court application is required and who has authority to deal with the estate.
Probate
Probate is generally required where there is a valid Will and the executor needs formal authority to deal with estate assets. It may be required where:
- the deceased owned real property in their sole name
- there are significant sole-name bank funds, shares or other assets
- an institution requires a grant before releasing assets
Letters of Administration
Letters of Administration are generally required where:
- there is no valid Will
- no executor has been appointed
- the named executor is unable or unwilling to act
If there is a Will but no executor able to act, the appropriate application may be Letters of Administration with the Will annexed.
We assist with:
- Probate applications
- Letters of Administration applications
- Letters of Administration with the Will annexed
- advice to executors and administrators
- court documents and affidavits
- requisitions and follow-up requirements
- estate administration support
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Putting the right documents in place now can save your family uncertainty, delay and stress later.
Whether you need a straightforward Will, a complete estate planning package, an update to existing documents, or assistance with Probate or Letters of Administration, our team can help.
Frequently Asked Questions
Do I need both a Power of Attorney and an Enduring Guardian?
Usually, yes. They deal with different types of decision-making.
Can I update my Will later?
Yes, provided you still have capacity. Depending on the change, that may be done by a new Will or, in some cases, by codicil.
Should I update my Will after marriage or separation?
Yes. Major relationship changes are one of the most important reasons to review your estate planning documents.
What is the difference between Probate and Letters of Administration?
Probate is usually the application made by an executor named in a valid Will. Letters of Administration are usually required where there is no valid Will, or no executor able to act.
Do all estates need Probate?
No. Whether a grant is needed depends on the assets and the requirements of the relevant institutions.
What if there is a Will but the executor cannot act?
That may require an application for Letters of Administration with the Will annexed instead of Probate.
