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Estate Matters and Estate Planning


Estate management and planning involves determining how your assets will be managed and distributed after your death. It also involves management of your finances and properties in the event that you lose capacity to manage your affairs yourself. Peninsula Law is able to assist you in all areas of estate planning, including writing Wills, Enduring Guardianships and Power of Attorney documents.

Peninsula Law is also able to assist with all Estate matters following a death, including Probate, and contesting an estate if you believe that you have been unfairly left our of a Will.

  • Wills, estate planning, testamentary trusts & probate
  • Enduring guardianships & power of attorney
  • Contested estates/family provisions claims & more


What is a Will and what are the benefits of having a Will?

A Will is a legal document which outlines how you wish for your property to be distributed when you pass away. Having a valid Will gives you the best opportunity to ensure that your assets go where you want them to. A valid Will also outlines who you wish to manage your estate and can nominate guardians for any minor children you may have.

A Will can give you the peace of mind that your estate will be managed in a way that you wish, and Peninsula Law are happy to assist you in this process.

Are there any time limits involved in contesting an estate or making a Family Provisions claim?

Yes, the Succession Act 2006 (NSW) stipulates that an application for a family provision order must be made within 12 months from the date of death. You may be able to apply for an out of time family provision order, however, restrictions apply and it is best to contact our office to discuss.

What is a testamentary trust?

A testamentary trust is a discretionary trust within a will that allow the trustees of each trust to decide, from time to time, which of the nominated beneficiaries (if any) may receive the benefit of the distributions from that trust for any given period. They are designed to provide maximum flexibility in allowing for the tax-effective distribution of capital and income derived from the assets. They also provide greater asset protection than if the assets were held by the beneficiaries in their personal capacity.