Wills & Estate Planning in Norwest

Whether you are making your first Will or reviewing existing arrangements, we take the time to understand your wishes and explain the options relevant to your circumstances.

Arrange an appointment: (02) 9899 2022 or contact our office.

Who will assist you?

Russell Kelly and Bradley Kelly both assist with Wills, powers of attorney and enduring guardianship. Bradley Kelly assists with testamentary trusts.

Learn more about Russell Kelly and Bradley Kelly.

Preparing or updating your Will

The starting point depends on your circumstances and the complexity of your wishes.

For a straightforward Will, we can usually begin with our Wills questionnaire. This helps you provide the information we need and consider matters you might otherwise overlook. We then prepare a draft for your review and approval, followed by an appointment at our office for signing.

More complex estate planning begins with an initial consultation to understand your wishes, family circumstances and the arrangements you would like to put in place.

If you already have a Will, we can review it with you and discuss whether it continues to reflect your circumstances.

What should you prepare?

Our questionnaire guides you through the information required. Depending on your matter, this may include:

• Identification.
• Your existing Will and any powers of attorney or enduring guardianship documents.
• An outline of your assets and liabilities.
• Names and details of the people you wish to appoint as executors.
• Details of your intended beneficiaries and any particular gifts or wishes.

You do not need to have every decision settled before speaking with us. The questionnaire and consultation help identify matters that need further discussion.

Making a Will

A Will records how you want your estate dealt with after your death and allows you to nominate an executor to administer your estate. Read our answers to 10 common Wills and estate planning questions.

A Will can also address matters such as the appointment of guardians for minor children and other estate-planning considerations relevant to your circumstances.

If a person dies without a valid Will, their estate is distributed according to the intestacy laws of New South Wales.

Learn more about intestacy in NSW.

Powers of attorney and enduring guardianship

Planning for the future also involves considering who you would trust to act for you during your lifetime.

We can assist with powers of attorney and enduring guardianship documents, and explain how they fit alongside your Will and other estate-planning arrangements.

General Powers of Attorney

A General Power of Attorney allows you to appoint another person to make legal and financial decisions on your behalf while you have decision-making capacity.

This may be useful, for example, if you are travelling or otherwise unable to attend personally to financial or property matters.

A General Power of Attorney does not continue if you lose capacity.

Enduring Powers of Attorney

An Enduring Power of Attorney allows you to appoint one or more attorneys to manage legal and financial matters on your behalf and can continue to operate if you later lose the capacity to manage those matters yourself.

An attorney may be authorised to deal with matters such as bank accounts, bills, investments, property and other financial or legal affairs, subject to the terms of the document.

A Power of Attorney operates only during your lifetime and ends on death.

Appointment of an Enduring Guardian

An Enduring Guardian is appointed to make personal, lifestyle, health and medical decisions if you lose the capacity to make those decisions yourself.

The functions given to an Enduring Guardian can include decisions about where you live, services you receive and healthcare, medical or dental treatment.

An Enduring Guardianship appointment operates only when you are unable to make the relevant decisions yourself.

Power of Attorney and Enduring Guardianship – What Is the Difference?

A Power of Attorney deals principally with legal and financial matters. An Enduring Guardian deals with personal, lifestyle and healthcare decisions.

For many people, the documents work together as part of a broader estate and future-planning strategy. Learn more about Probate, Wills and Deceased Estates in NSW.

Testamentary Trusts

For some clients, estate planning includes considering a testamentary trust. Bradley Kelly handles these matters and can discuss whether this approach is appropriate for your circumstances and wishes.

A testamentary trust is a trust created by a Will and generally begins operating after the Will-maker’s death. Depending on the circumstances, it may provide flexibility in how estate assets are managed for beneficiaries and may assist with longer-term estate planning.

Whether a testamentary trust is appropriate depends on factors such as the size and nature of the estate, the beneficiaries’ circumstances and the way assets are intended to be managed. Read more about Testamentary Trusts in NSW or discuss your circumstances with Russell Kelly & Associates when preparing or reviewing your Will.

Reviewing Your Estate Planning

Estate-planning documents should be reviewed when circumstances change, including changes to relationships, family circumstances, property ownership or the people you have appointed to act on your behalf.

Appointments at our Norwest office

We offer office consultations, with telephone or video consultations available where necessary. For straightforward Wills prepared through our questionnaire process, once you have approved the draft, we arrange an appointment at our office for signing.

Our office is at Suite 404, 29–31 Solent Circuit, Norwest NSW 2153.

View our contact details, parking and accessibility information.

Further information

For answers to common questions about making a Will, visit our 10 Wills and estate-planning questions.

If you need assistance following someone’s death, our Probate & Deceased Estates page explains how we can help.

Discuss your estate planning

To prepare a Will, review existing documents or discuss more complex estate planning, call (02) 9899 2022 or contact Russell Kelly & Associates.