Wills, Estates, and Probate
Making a Will with a lawyer is the best way to ensure that your family will be provided for and that your assets are distributed as you wish.
Get in touchWills, Estates, and Probate
Making a Will with a lawyer is the best way to ensure that your family will be provided for and that your assets are distributed as you wish.
Get in touchWills, Estates, and Probate
Making a Will with a lawyer is the best way to ensure that your family will be provided for and that your assets are distributed as you wish.
Get in touchWills, Estates, and Probate
Wills, Estates, and Probate
Our Wills, Estates and Probate team offers advice on estate planning including powers of attorney, the appointment of guardians (NSW) or appointment of medical treatment decision makers (VIC) and can provide comprehensive complex estate planning including use of testamentary trusts, tax planning and superannuation advice, review of family trusts and passing of control, assisting farming families with complex succession issues, considering potential estate claims and notional estate matters and creation of special disability trusts.
Estate planning work includes advice about –
- Wills, Powers of Attorney, Appointments of Enduring Guardians, Appointment of Medical Treatment Decision Makers
- Binding Death Benefit Nominations for Superannuation Funds
- Living Wills or Advanced Health Care Directives
- Family Trusts
- Special disability trusts for children with a disability
- Guardianship of minor children; and
- the transfer of assets to the next generation
We also offer a full probate service for the administration of estates. Our estate administration work includes applications for Grants of Probate in New South Wales or Victoria, including applications for Letters of Administration where there is no valid Will and the administration of deceased estates.
How we help you
Our experienced team of lawyers will:
Estate Planning and Protection
- Draft Wills, Powers of Attorney, and Appointments of Enduring Guardians or Medical Treatment Decision Makers
- Provide tailored advice on testamentary trusts, tax planning, and superannuation matters
- Review and structure family trusts to ensure smooth succession and control transfer
- Create special disability trusts to safeguard dependents with special needs
Succession and Family Support
- Assist farming families and business owners with complex succession planning
- Advise on guardianship arrangements for minor children
- Help identify and manage potential estate claims and notional estate issues
- Prepare Binding Death Benefit Nominations and Living Wills
Estate Administration and Probate
- Handle applications for Grants of Probate in New South Wales and Victoria
- Manage Letters of Administration where no valid Will exists
- Administer deceased estates with clarity and efficiency
- Ensure assets are distributed according to legal requirements and the wishes of the deceased
What we can help with
Talk to us about issues relating to:
- Wills, Powers of Attorney, and Guardianship appointments
- Testamentary and family trusts
- Superannuation and tax-effective estate planning
- Binding Death Benefit Nominations
- Special disability trusts
- Succession planning for families and businesses
- Probate and Letters of Administration
- Estate claims and administration
Why Choose Kell Moore for Wills, Estates, and Probate
Local Expertise
Experienced Team
Plain English Advice
Comprehensive Service
Competitive Pricing
Three Offices
Frequently Asked Questions
A Will is a legal document that states how your assets will be distributed after your death, who will look after any minor children, and who will act as your Executor.
Yes, because without one your estate is distributed under intestacy laws, which may not reflect your wishes. A Will is important if you have children, property, or dependents.
A valid Will must be in writing, signed by you and two witnesses present at the same time, and made when you have testamentary capacity. You also need to know and approve the contents of the document.
If there is no Will, the court may issue Letters of Administration to someone who will manage the estate. Intestacy laws then determine who inherits, usually starting with the spouse and children. The person’s personal wishes are not considered unless written in a valid Will.
Choose someone you trust who can manage your estate, pay debts, and distribute assets. You can appoint more than one person and name a backup. Consider their location, time availability, financial literacy, and reliability.
Review your Will after major life changes such as marriage, divorce, the birth of children, the death of a beneficiary, or significant financial changes. Update it if the law or your wishes change.
A Grant of Probate is a court document confirming that a Will is valid and that the Executor has authority to administer the estate. It includes the Will and a list of the deceased person’s assets.
A Will may be challenged for reasons such as lack of capacity, fraud, or undue influence. Some people may also file a Family Provision Claim if they believe they have not been adequately provided for. Legal advice is important if a dispute is likely.
Common mistakes include not having a Will, not updating it after major life changes, assuming a Will covers all assets, and relying on DIY Will kits that may be incomplete or invalid.
Peter Campbell
Director
