Wills & Estates
Elder-law enquiries can concern accommodation, care agreements, financial arrangements, decision-making authority or concerns about abuse. The older person’s wishes and position need to remain central, including when someone else arranges the appointment.
General information only — not legal advice. This Australian overview is not a statement of every state or territory’s law. Check the jurisdiction and current requirements with an appropriately qualified adviser.
A relative helping organise advice is not necessarily the client or entitled to give instructions. A family housing arrangement may also raise property, benefits or estate questions. Ask about independent advice, safe communication and any capacity assessment appropriate to the task.
Organise the following material you already lawfully hold. This is a preparation list, not a complete evidentiary requirement. Ask the verified adviser what they need and how to send it securely.
Keep originals and dates intact. Use a short initial enquiry for a conflict and suitability check before sending sensitive documents.
Prepare a list separating accommodation, money management, health decisions and concerns about pressure or misuse of authority. Ask for a private conversation for the person whose affairs are involved where appropriate. A useful initial plan identifies who is the client and which decisions require independent advice.
A relative’s helpful role can coexist with a different financial interest. Do not assume the person paying for the appointment is entitled to direct the advice or receive all confidential information.
Who is the client, and how will their own wishes and independent instructions be established?
Ask the adviser to explain the assumptions behind the answer, any missing information and what would change the proposed next step. You can request an initial assessment without assuming that full representation is included.
Ask before attending. The lawyer may need time alone with the client and can explain how consent and support will work. Describe interpreter, hearing, mobility or other needs without treating support as a transfer of decision-making authority.
Compare the defined work and exclusions, not just the initial price. Ask about GST, third-party expenses, later stages and what happens if the scope changes. Our legal fees guide explains useful questions, and the comparison worksheet helps record proposals.
For a related legal task, read powers of attorney & guardianship. Use both sets of preparation questions if your enquiry spans the two tasks.
Define the work before comparing the fee
Planning documents, estate administration and an estate dispute start from different roles. Explain whether you are making decisions for yourself, acting in an estate role or seeking advice about your own interest.
Mention connected issues when you enquire. One engagement may not cover every part of your situation.
Use these primary resources for background and current pathways. A state-specific resource is an example for that jurisdiction, not a rule for all Australia. Broad regulator and tribunal links do not establish your eligibility or a legal entitlement.
Australian planning overview; succession and appointment laws vary by jurisdiction.
Victorian property, renting and housing information; check the property’s actual jurisdiction.
Our document lists, questions and examples are original editorial preparation prompts. Follow the relevant authority for current requirements and seek individual advice before acting.
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