Asset-protective Wills
A well-drafted Will records your wishes, appoints an executor and can protect the people and assets that matter to you.
Sydney estate planning and probate
Estate Planning & Probate Assistance: we can make life easier for your loved ones.
Your loved ones need your assistance through an estate plan so that, if you become incapacitated or die, life is simpler for them during the resulting probate process.
Estate planning
Put the right people and documents in place before they are needed.
Estate planning is about more than writing a Will. The right plan can protect assets, prepare trusted people to act if you lose capacity, and make the transfer of control and wealth clearer for future generations.
Testamentary trusts
A testamentary trust can give greater control over how assets are managed and distributed after your death.
Planning for incapacity
Powers of Attorney, Enduring Guardianship and Living Will provisions help trusted people make financial, health and lifestyle decisions if you cannot.
Intergenerational succession
Plan for family businesses, blended families and future generations with clear safeguards around control, distribution and asset protection.
Probate & estate administration
Clear guidance when you are responsible for someone else’s estate.
If someone has died, we can help you understand the Will, the authority required and what must happen before an estate can be administered and distributed.
Initial assessment and Will review
We review the Will, explain the executor or administrator role and help you understand which legal process applies.
Probate and Letters of Administration
We can determine whether a Court grant is required and prepare the appropriate application when it is.
Estate administration
We help executors identify assets and liabilities, deal with institutions, meet responsibilities and make distributions at the right time.
Complex and contested estates
We can advise on disputed Wills, executor or beneficiary disputes, mediation, Court representation and other complex estate issues.
Property and superannuation can affect an estate, but they are considered alongside the Will, ownership arrangements, fund rules and the wider administration process.
Approved anonymised examples
Real estate matters, explained clearly.
See the client’s situation, how Aquarius Lawyers helped and the practical point each story illustrates.
Estate planning
A blended family put a complete estate plan in place
The client’s situation
A couple came to Aquarius Lawyers asking for a simple Will. They had children from three relationships, a family business and an investment property held as tenants in common.
How Aquarius Lawyers helped
Aquarius Lawyers reviewed the family structure, assets and existing superannuation nominations, then prepared coordinated Wills, appointments and testamentary-trust options.
What this story shows
A Will is only one part of an estate plan. The documents need to reflect the people, assets and risks around them.
Business succession
A business owner planned for two children with different roles
The client’s situation
One adult child worked in the client’s trades business and the other did not. A simple equal-share Will could have left them in an unwanted business partnership or forced a sale at the wrong time.
How Aquarius Lawyers helped
Aquarius Lawyers considered testamentary-trust options, insurance proceeds and the client’s shareholder or partnership arrangements alongside the estate plan.
What this story shows
Business succession planning considers who will manage a business, who will receive its value and how those arrangements work together.
Probate
A first-time executor received support through probate
The client’s situation
A client was named executor of her sister’s estate and was unsure where to begin with the Will, assets, liabilities and family expectations.
How Aquarius Lawyers helped
Aquarius Lawyers managed the probate application and dealt with the bank, share registries and land-titles office while the executor retained oversight and family communication.
What this story shows
Executors have legal responsibilities and can be personally exposed to errors. Early advice can make the process more manageable.
Probate
A family applied for probate when the original Will was missing
The client’s situation
After a death, the family knew a Will had been made but could not find the original document.
How Aquarius Lawyers helped
Aquarius Lawyers helped the proposed executor gather the drafting solicitor’s records and other evidence needed to apply for probate of a copy.
What this story shows
A missing original Will can add cost, delay and evidentiary requirements. Executors should know where the original is stored.
Estate administration
A sole executor kept oversight while getting practical support
The client’s situation
A client was named sole executor of an aunt’s estate, but balancing a full-time job and young family made the administration feel unmanageable.
How Aquarius Lawyers helped
He retained the executor role while Aquarius Lawyers handled the probate application, asset collection and creditor process, keeping him informed at each decision point.
What this story shows
An executor can obtain professional support while remaining responsible for decisions. Naming a willing backup executor also matters.
Estate planning
A parent considered how an inheritance should be held
The client’s situation
A client wanted to leave assets to adult children but was concerned about the business and relationship risks that could affect an outright gift.
How Aquarius Lawyers helped
Aquarius Lawyers considered testamentary-trust options as part of the client’s wider family, asset and estate-planning circumstances.
What this story shows
The way an inheritance is held can be as important as the amount left to a beneficiary.
These approved, anonymised examples are general information only. Every estate and family situation is different, and legal advice depends on the particular facts, documents and circumstances.
Client feedback
Clear support for families and executors.
Read how Aquarius Lawyers has helped clients plan for their families and manage estate matters.
Words from clients
Estate Planning Testimonials
The team made what seemed like a daunting process incredibly straightforward. They took the time to understand our family circumstances and prepared an estate plan that gives us complete peace of mind. Their advice was practical, compassionate and easy to understand.
As business owners, succession planning was one of our biggest concerns. The team helped us integrate our business succession strategy with our estate planning, ensuring a smooth transition in the future for our family and the business. Their expertise gave us confidence that everything was structured correctly for the future.
Unexpectedly losing our loved one was not easy, but the guidance we received throughout the probate process made an incredibly difficult time much more manageable. Every step was handled and we always knew what to expect. We are truly grateful for the support.
Principal solicitor
Katherine Hawes
Principal Solicitor of Aquarius Lawyers, providing direct legal oversight for your matter.
Principal solicitor
Katherine Hawes
Aquarius Lawyers can help you understand the estate-planning or probate step that fits your circumstances, documents and next decision.
- This page covers
- Estate planning, probate, estate administration and dispute-related matters
- Location
- Sydney CBD Office
- Direct contact
- +61 (02) 8858 3233
Support for both stages
The right advice can make a difficult time more manageable.
Whether you are preparing an estate plan or administering an estate, clear documents and clear advice help people make decisions with confidence.
Plan with the right documents.
Know which appointments suit your circumstances.
Understand your authority.
Clarify what an executor or administrator needs to do.
Spot issues early.
Identify matters that could delay a decision or distribution.
How it works
Get a clear path forward.
You do not need every answer before you contact us. Start with the documents and facts you have, then we can explain the next step.
- Step 1
Choose your service
Tell us whether you are planning ahead or need help after someone has died.
- Step 2
Share the essentials
Bring the documents and facts you have, whether that is a current Will, family details or estate paperwork.
- Step 3
Get clear advice
We explain the legal process, your options and the work required for your circumstances.
- Step 4
Move forward
You leave with a practical next step, whether that is putting documents in place or administering an estate.
Common questions
Estate planning and probate questions answered.
This page provides general information only. Legal advice depends on your family circumstances, documents, assets and the facts of the matter.
What does an estate plan include?
An estate plan usually includes a valid and up-to-date Will, an Enduring Power of Attorney, an Enduring Guardianship appointment and clear consideration of superannuation, assets and family circumstances.
What is probate?
Probate is the Supreme Court of NSW process that recognises a deceased person's Will and confirms an executor's authority to administer the estate.
How do I know if Probate is required in NSW?
It depends on the assets held by the deceased and the requirements of the organisations holding those assets. We can review the estate and help determine whether a Grant of Probate is likely to be required.
What is an executor responsible for?
An executor may need to locate the Will, identify assets and liabilities, protect estate property, apply for Probate if required, pay liabilities and distribute the estate in accordance with the Will.
How long does Probate take?
Timeframes vary depending on the estate, the Court process, the documentation available and whether any complications or disputes arise. Obtaining the grant is also only one part of the broader estate administration process.
What happens if there is no Will?
An eligible person may need to apply for Letters of Administration. The estate will generally be distributed according to the NSW intestacy rules.
Can an executor sell a deceased person's property?
An executor may be able to sell estate property once they have the necessary authority and relevant requirements have been satisfied. The appropriate process depends on the ownership of the property and the circumstances of the estate.
Can an executor distribute the estate immediately after Probate?
Executors should obtain advice before making distributions. Potential liabilities, claims against the estate and other administration requirements may need to be considered first.
What if family members disagree with the Will?
A disagreement does not automatically invalidate a Will. However, there may be circumstances in which the validity of a Will is challenged or an eligible person considers making a family provision claim. Legal advice should be obtained promptly because time limits can apply.
Is this page legal advice?
No. This page provides general information only. Legal advice depends on the facts of your matter.
Speak with Aquarius Lawyers
Get help with your estate plan or the next probate step.
Tell us whether you are planning ahead or managing an estate after a death. We will explain how Aquarius Lawyers can help.
Bring the information you have, including any Will, estate documents or questions about planning for your family.