Wills & Estates
A wills-and-estates enquiry can involve creating a plan, updating an old document or understanding what happens after a death. Establish whose advice is needed and whether that person is making decisions, administering assets or considering a dispute.
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 will does not necessarily control every asset or replace appointments used during life. Joint ownership, superannuation and business interests may require separate consideration. Ask the practitioner to define which documents and assets are included in the engagement.
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.
Request a planning inventory that separates the will, appointments used during life, ownership arrangements and beneficiary nominations. List existing documents and what has changed since they were made. Ask which items the proposed engagement will review and which need separate financial, tax or interstate advice.
Adding a beneficiary’s name to a will does not answer every question about jointly held property or superannuation. Record how each significant asset is held instead of assuming the document’s wording controls all of it.
What does my existing paperwork cover, and which decisions or assets need separate planning?
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.
Tell the lawyer what earlier documents exist and where the originals are kept. Ask what to bring and how changes should be handled. Do not destroy an original merely because you are considering an update.
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 superannuation death benefits. 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.
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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