Wills and Estates Lawyers in Sydney, Melbourne and Canberra
Planning for the future and dealing with the loss of a loved one are two of the most important moments in any family’s life. A Will Kit from the post office or a template downloaded online may seem simple, but a poorly prepared Will can leave your family with uncertainty, delay and even disputes. Equally, when someone close to you passes away, knowing where to start can feel overwhelming.
Brightstone Legal’s wills and estates lawyers help individuals and families at every stage, from preparing a Will, wealth management and structuring your estate, through to administering a deceased estate and resolving estate disputes. Whether you need a will and estate lawyer to plan for the future or estate litigation lawyers to protect your inheritance, our team in Sydney, Melbourne and Canberra provides practical, tailored advice in English and Mandarin.
Our team is named in Doyle’s Guide 2026 for both Leading Wills, Estates & Succession Planning Law Firms and Leading Wills & Estates Litigation Law Firms in the ACT, continuing a record of Doyle’s Guide recognition dating back to 2019. Brightstone Legal is also ranked Tier 1 for both Trusts and Estates and Wealth Management/Succession Planning in Best Law Firms 2027 by The Best Lawyers in Australia™ in Canberra.
How can we help you?
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For Employees
We help employees understand their rights, resolve workplace issues and protect their jobs and income.
Estate Planning Lawyers
No two families are the same, and your estate plan should not be either. Our estate planning lawyers take the time to understand your family, your assets and your wishes, so your plan does exactly what you intend.
Wills
We prepare clear, legally sound Wills tailored to your circumstances, so your assets pass to the people you choose and your family avoids unnecessary cost, delay and conflict.
Testamentary Trusts
Our estate planning lawyers structure simple, complex and special purpose testamentary trusts that can protect beneficiaries, provide flexibility and offer potential tax advantages for the people you leave behind.
Special Disability Trusts
We help families plan for the long-term care of a loved one with a disability, using special disability trusts that can protect their financial security and preserve eligible benefits.
Mutual Will Agreements
We prepare mutual Will agreements for couples who want certainty that their agreed estate plan will be honoured, even after one of them passes away.
Powers of Attorney
We prepare general and enduring powers of attorney, allowing someone you trust to manage your financial and legal affairs if you are travelling, unwell or lose capacity.
Enduring Guardianship
We help you appoint the right person to make health, medical and lifestyle decisions on your behalf, using the documents that apply in New South Wales, Victoria or the ACT.
Superannuation and Binding Death Benefit Nominations
Your superannuation does not automatically form part of your estate. We advise on binding death benefit nominations and super strategies so your benefits reach the right people.
Family Wealth Management and Succession of Family Trusts and Companies
Assets held in family trusts and companies are not controlled by your Will. As part of our wealth management advice, we plan how control of these structures passes on, so your family wealth stays protected across generations.
Business Succession Planning
Our wills and estates lawyers help business owners plan for retirement, incapacity or death, so control of your business passes smoothly and its value is protected.
Statements of Wishes and Statements of Reasons
We prepare statements of wishes to guide your executors and trustees, and statements of reasons that explain your decisions if your Will is ever questioned.
Minimising the Risk of Family Provision Claims
We structure your estate plan to reduce the risk of a successful family provision claim, helping protect your wishes and spare your family a costly dispute.
Family Wealth and Asset Protection
We help families protect their wealth from creditors, insolvency and relationship breakdown through careful use of family trusts, company structures and estate planning documents.
Deceased Estate Services
When someone you love passes away, the legal process can feel complex and unfamiliar. Our wills and estates lawyers guide executors and families through each step with care, helping you carry out their final wishes.
Estate Administration
From identifying and collecting assets to paying debts, finalising tax and distributing the estate, we handle the full administration process so you can focus on your family.
Probate and Letters of Administration
Whether there is a valid Will or not, we advise whether a grant is needed and prepare applications for probate or letters of administration, including where a Will cannot be found.
Deeds of Family Arrangement
Where a Will does not reflect what the family agrees is fair, often because of poor planning, we prepare deeds of family arrangement that allow beneficiaries to vary the distribution by agreement.
Estate Litigation Lawyers
Estate disputes can place great strain on family relationships. Our estate litigation lawyers act for claimants, executors and beneficiaries in Sydney, Melbourne and Canberra, giving you clear advice and working toward a fair resolution through negotiation, mediation or court.
Making a Family Provision Claim
If you have been left without adequate provision from an estate, our estate litigation lawyers assess your eligibility, advise on strict time limits and pursue your claim through negotiation, mediation or court.
Defending a Family Provision Claim
We act for executors and beneficiaries defending family provision claims, protecting the estate and working to resolve disputes efficiently and cost effectively.
Frequently Asked Questions (FAQ)
A Will Kit may seem convenient, but mistakes in wording or signing can make a Will invalid or open it to challenge. A will and estate lawyer makes sure your Will is valid, reflects your wishes and properly deals with trusts, superannuation and business interests.
The estate is distributed according to a fixed statutory formula, usually to the spouse and children first, then other relatives. This may not match what the person would have wanted, and a family member generally needs to apply for letters of administration.
Probate is granted to the executor named in a valid Will. Letters of administration are granted where there is no valid Will, or where no executor is able or willing to act.
Not always. Small estates, or assets held jointly that pass automatically to the surviving owner, may not require a grant. However, banks and land registries often require probate before releasing assets or transferring property.
A testamentary trust is a trust created by your Will that takes effect after your death. It can protect assets for vulnerable or young beneficiaries, shield inheritances from relationship breakdown or creditors, and may offer tax benefits.
Not automatically. Superannuation is paid by the fund trustee unless you have a valid binding death benefit nomination, and assets in a family trust or company are not controlled by your Will. Your estate planning lawyer should review these alongside your Will.
Yes. In New South Wales, Victoria and the ACT, marriage generally revokes an existing Will unless it was made in contemplation of that marriage. Divorce usually revokes gifts to a former spouse and their appointment as executor.
A power of attorney covers financial and legal decisions, while an enduring guardian makes health, medical and lifestyle decisions. Enduring guardianship applies in New South Wales, while Victoria and the ACT use different documents for these decisions.
As soon as possible. Family provision claims have strict time limits, and early advice helps protect your position before the estate is distributed. Executors who receive notice of a potential claim should also seek advice straight away.
Eligible people, such as a spouse, de facto partner, child or dependant, may make a family provision claim if they have not received adequate provision. In New South Wales, a claim must generally be made within 12 months of the date of death. In Victoria and the ACT, it is generally within six months of the grant of probate or letters of administration.
Yes. Each state and territory has its own succession laws, including different rules for family provision claims and substitute decision makers. With wills and estates lawyers in Sydney, Melbourne and Canberra, we can advise on the laws that apply to you.
Why Choose Brightstone Legal's Wills and Estates Lawyers?
Our private client team is repeatedly recognised in Doyle’s Guide for Wills & Estates, Estates Litigation and Succession Planning.
As a multidisciplinary firm, we bring together estate, tax, commercial, family and property expertise for complex estates.
Our estate planning and estate litigation lawyers support you through the full journey, from planning to administration and dispute resolution.
We offer bilingual advice in English and Mandarin, with offices in Sydney, Melbourne and Canberra.
At Brightstone Legal, our multi-disciplinary legal team works with clients across a broad area of legal practice.
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