Wills & Estates
Estate planning coordinates how assets and control may pass, taking account of ownership, family needs and existing structures. A testamentary trust is a trust established through a will, but whether that structure is useful requires individual legal and tax consideration.
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 more complex document is not automatically better protection or a tax advantage. Company control, family trusts, insurance and superannuation may need separate analysis. Ask what the proposed structure does, who administers it and what costs or responsibilities it creates.
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.
Ask for a map connecting asset ownership, control of entities, intended beneficiaries and existing planning documents. Identify business and interstate connections. The first review should explain which legal questions are included and which assumptions need accounting or tax advice before documents are drafted.
A trust is not a universal substitute for a will or a guaranteed tax outcome. Ask what problem the proposed structure is intended to solve, what ongoing administration it involves and what it does not cover.
What problem would this structure solve, and what administration or tax advice would it require?
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.
Document count says little about whether the plan fits the assets and people involved. Compare investigation, advice, coordination with other advisers and implementation as well as the documents delivered. Ask which future changes would require a review.
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 wills & estates. 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.
Australian superannuation background; fund rules and individual circumstances matter.
Federal tax administration; state taxes have separate revenue authorities.
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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