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THE BASICS
What a will does
A will is the legal document that records your wishes for your estate after you die. It is the only document that lets you choose who inherits and who carries those wishes out. A will typically covers four things.
How your assets are distributed, and who inherits them.
Who becomes guardian of your children, and any trust you want set up for a beneficiary.
Who you appoint as executor to manage your estate, and who takes over if that person cannot act.
What you want to happen at your funeral or memorial.
A will only works if it is valid, current and able to be found. Most of the estate disputes we run begin with a document that failed one of those three tests.
INTESTACY
What happens withouth a will
If you die without a valid will you die intestate. The Succession Act 2006 (NSW) then sets a fixed order of who inherits, and that order may bear no resemblance to what you would have chosen.
No appointed executor
Someone must apply to the Supreme Court for letters of administration before anyone can deal with your estate.
An administrator you would not have chosen
The court appoints an administrator from a statutory list. You have no say in who it is.
Higher costs and longer delays
The extra court work is paid for out of your estate, and your family waits longer for anything to be released.
Beneficiaries you did not intend
A stepchild, a former partner or a charity you wanted to benefit may receive nothing under the statutory order.
STRUCTURES
Common will structures
Most people need a simple will. Blended families, business owners and anyone leaving money to a young or vulnerable beneficiary usually need more.
01
Simple will
Straightforward distribution of your assets to the people you name. Suits most people whose affairs are uncomplicated.
02
Mutual wills
Two people agree not to change their wills after the first of them dies. Often used in blended families to protect children from an earlier relationship.
03
Will with testamentary trust
A beneficiary's inheritance is held in trust rather than paid out. This can reduce tax and protect the inheritance from creditors and family law claims.
PREPARATION
What to think about before we meet
You do not need an answer to all eight. Bringing what you have makes the first meeting shorter and the advice sharper.
01
Your executor
Who manages your estate, and who takes over if that person cannot act.
02
Your assets
Property, bank accounts, shares, superannuation, and anything held jointly or through a company or trust.
03
A guardian for your children
Who raises your children if both parents die while they are under 18.
04
Your beneficiaries
Who inherits, and in what shares. Consider who takes their share if a beneficiary dies before you.
05
Specific gifts
Particular items or sums of money you want a named person or charity to receive.
06
Your pets
Who cares for them, and whether you want to leave money for their upkeep.
07
A trust
Whether a beneficiary's inheritance should be held in trust rather than paid out to them directly.
08
Accounts and memberships
Online accounts, subscriptions and memberships that must be closed or transferred.
VALIDITY
Making it valid, and keeping it current
FOR A WILL TO BE VALID
It must be in writing, typed or handwritten.
You must sign it. If you cannot sign, someone else may sign for you, in your presence and at your direction.
Two adults must witness your signature, and both must be present when you sign. A witness cannot be a beneficiary.
A will that fails any of these can still be admitted to probate in some cases, but only after a court application your family pays for.
REVIEW IT EVERY TWO TO FIVE YEARS
Update your will sooner if you:
marry or remarry
separate or divorce
have children or grandchildren
lose a beneficiary or an executor
move overseas or buy assets overseas
have a significant change in your finances
Changes in your personal or financial circumstances can impact the terms of your Will, so regular updates ensure it continues to reflect your current wishes and legal requirements.
SAFE CUSTODY
Where your will is kept
A will is only effective if your executor and your family know it exists and can find the original. If the original cannot be found, your estate may be administered as though you never made a will.
KEPT AT HOME
Lost. Your wishes may be impossible to carry out.
Damaged. Water, fire or a staple removed can raise doubt about the document.
Stolen or destroyed. A person who dislikes the result has access to it.
KEPT WITH US
We hold the signed original in our safe custody packet and record it in our register.
You take home a copy and a note of where the original is.
We release it to your executor when it is needed.
Safe custody is included in our fee. There is no annual charge for holding your original documents.
FEES
What an estate plan costs
We publish fixed fees, so you know the cost before you commit. What you pay depends on the assets you own and how complex your wishes are. All prices include GST and are current at 28 August 2026.
DOCUMENT | ONE PERSON | COUPLE |
|---|---|---|
Simple will | $440 | $770 |
Enduring power of attorney | $330 | $550 |
Appointment of enduring guardian | $330 | $550 |
Advance care directive | $330 | $550 |
Will with testamentary trust | $1,650 | $2,420 |
SAFE CUSTODY INCLUDED
We hold your original signed documents in safe custody at no extra charge.
COSTS AGREED IN WRITING
You receive a costs agreement and costs disclosure before any work starts, as the Legal Profession Uniform Law requires.
COMPLEX MATTERS QUOTED
Blended families, business interests, foreign assets and contested capacity are quoted individually.
Superannuation, company and trust documents, along with our full terms, are set out in the price guide.
DOCUMENT | ONE PERSON | COUPLE |
|---|---|---|
Simple will | $440 | $770 |
Enduring power of attorney | $330 | $550 |
Appointment of enduring guardian | $330 | $550 |
Advance care directive | $330 | $550 |
Will with testamentary trust | $1,650 | $2,420 |
DOCUMENT | ONE PERSON | COUPLE |
|---|---|---|
Simple will | $440 | $770 |
Enduring power of attorney | $330 | $550 |
Appointment of enduring guardian | $330 | $550 |
Advance care directive | $330 | $550 |
Will with testamentary trust | $1,650 | $2,420 |
WHY CHOOSE DORMER STANHOPE
We run will disputes, so we draft against them
We act in estate litigation as well as estate planning. We have seen what a poorly drafted will costs a family, and we draft yours to keep it out of court.
Conflicts anticipated
We identify the arguments before they arise and structure your will to reduce the risk of a claim.
Protection against claims
We advise on protecting your estate from creditors, former spouses and estranged family members.
Complex estates
Business interests, multiple properties and assets that span more than one jurisdiction.
Current law
Succession law changes. We keep your will compliant as it does.
Frequently asked questions
FROM THE BLOG
Reading on wills
Plain English answers to the questions clients ask most often, written by our lawyers.
BOOK AN APPOINTMENT
A no-obligation consultation with an experienced lawyer.
Tell us briefly what you are dealing with. We will come back to you with the next step and what it will cost.