What is a testamentary trust?

A trust created by your will that takes effect on your death. It can protect beneficiaries and offer tax advantages for distributions to children.

How much does a will cost?

Many firms offer simple wills for a fixed fee. Wills involving trusts, blended families, business interests or overseas assets cost more because they need more planning.

Can I contest a will?

Close family members, and some others who depended on the person who died, can apply for a greater share if they were not adequately provided for. Strict time limits apply, often within months of the death, and they differ between states.

Estate Planning & Testamentary Trusts lawyers in Australia

What to discuss at the first meeting

Explain what you want the plan to achieve, including family needs and business interests. A more complex structure should be justified by its purpose and ongoing administration, not chosen merely because it is available.

Clarify whether tax and financial advice are included or must be obtained separately before implementing the plan.

How the engagement may progress

List family members, property, debts, companies, trusts and superannuation. Identify where original documents are held and which assets are jointly owned.
Ask what each document or application would achieve. Confirm which state rules and asset-ownership arrangements need to be considered.
Agree on signing, storage and future reviews, or on the executor’s responsibilities for records and distributions. Identify changes that should prompt further advice.

Fees and the scope of work

Compare a simple-will quote with more involved planning or estate administration. Ask about searches, applications, valuations and coordination with an accountant.

Ask for a written scope identifying the work you are authorising, the person responsible and when costs will be reviewed. If you only want advice on one step, say so before the firm begins wider work.

Dates to raise at first contact

Provide the date of death and any estate correspondence promptly. Ask about relevant deadlines before distributing assets, signing a release or assuming a dispute can wait.

Questions to ask a estate planning & testamentary trusts adviser

Why is this structure suitable for the objective?
What ongoing administration or specialist advice would be required?
Does the scope address assets outside my own name?
Who is the client if relatives attend together?
What information is needed before documents can be finalised?

Estate Planning & Testamentary Trusts lawyers

Why estate planning & testamentary trusts matters

The Australian context

Estate Planning & Testamentary Trusts lawyers near you

674 estate planning & testamentary trusts firms

McKays Solicitors

Byrne Lawyers

HQ Law

Bainbridge Legal

Fountain Law

ReesLaw Pty Ltd

Skaf Lawyers & Notary Public

Ausdoor Legal Pty Ltd

Novum Law Group

TB Law - Ticli Blaxland Lawyers & Conveyancing

Yanner Mann Dobson Law

Yanner Mann Dobson Law

Access Legal

Tohme Lawyers

Your Estate Lawyer

Mildura Conveyancing Services

Arrow Lawyers

KM Legal

Australian Law Group

DLH Solicitors

Gamble Law & Estate Planning

Border Conveyancing Services

Sydney Property Conveyancing Lawyers

Tolhurst Druce & Emmerson

A practical guide to estate planning & testamentary trusts

What to discuss at the first meeting

How the engagement may progress

Fees and the scope of work

Dates to raise at first contact

Questions to ask a estate planning & testamentary trusts adviser

Frequently asked questions

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