Future Planning

Wills & Powers of Attorney — Protect Your Legacy Simply

Create your Will or Power of Attorney with expert guidance from real Australian lawyers. ezylegal handles probate & estate planning. Fixed fees, AI-powered. Start today.

Signing a Will

Types of Wills We Prepare

Every Australian over 18 should have a valid Will. Through our partnership with ezywill.com.au, you can create a legally binding Will online in minutes. For more complex estates, our lawyers provide additional review and guidance.

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Simple Will

Ideal for straightforward estates. You nominate beneficiaries, an executor, and guardians for minor children. Covers the vast majority of Australians and can be completed online through ezywill in about 15 minutes.

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Complex Will

Suitable when you have blended families, business interests, properties in multiple states, or assets held in trusts. Our partner ezywill guides you through the additional clauses, and ezylegal lawyers review where needed.

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Testamentary Trust Will

Creates one or more trusts that only take effect after your death. Offers significant tax advantages and asset protection for beneficiaries, including minor children and vulnerable adults. Recommended for estates over $500,000.

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Mutual Wills (Couples)

Coordinated Wills for married or de facto couples that reflect shared wishes. Ensures your partner is looked after first, with agreed arrangements for children or other beneficiaries after the surviving partner passes.

Power of Attorney — Medical, Financial, Enduring

A Power of Attorney lets you appoint someone you trust to make decisions on your behalf if you become unable to make them yourself. Without one, your family may need to apply to a tribunal for guardianship, a process that is slow, expensive, and emotionally draining. Every adult Australian should have at least an Enduring Power of Attorney alongside their Will.

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Financial Power of Attorney

Authorises a trusted person to manage your financial affairs, including bank accounts, investments, property transactions, and tax obligations. You choose whether it takes effect immediately or only upon incapacity.

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Medical Power of Attorney

Appoints someone to make healthcare and medical treatment decisions on your behalf if you lose the capacity to decide for yourself. Covers hospital admissions, surgical consent, and ongoing treatment plans.

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Enduring Power of Attorney

Unlike a general Power of Attorney, an enduring power continues to operate even after you lose mental capacity. This is the most important type for long-term planning and is strongly recommended for every adult Australian.

Important: The terminology and rules for Powers of Attorney differ between Australian states and territories. In Queensland, for example, you create an Enduring Power of Attorney, while in Victoria it is called an Enduring Power of Attorney as well but the witnessing requirements differ. Our partner ezywill.com.au generates the correct document for your jurisdiction automatically.

Probate & Estate Administration

When someone passes away, their Will usually needs to be validated by the Supreme Court before the executor can distribute assets. This legal process is called probate. Without a grant of probate, banks, land registries, and share registries will not release the deceased's assets to the executor.

ezylegal handles every step of the probate process for you. Our lawyers prepare the application, gather the required documents, publish statutory notices to creditors, and lodge the application with the Supreme Court. You receive a fixed-fee quote before we begin, so there are no surprises.

For larger or disputed estates, we also provide full estate administration services. This includes collecting assets, paying debts and liabilities, preparing estate accounts, managing tax obligations, and distributing the estate to beneficiaries in accordance with the Will or intestacy rules.

The Probate Process

1

Locate the Will

Find the original Will and identify the appointed executor. If no Will exists, the next of kin can apply for Letters of Administration.

2

Prepare the application

ezylegal prepares all required court forms, the executor's affidavit, and supporting documentation.

3

Publish notices

We publish statutory notices to creditors and potential claimants as required by law, protecting the executor from personal liability.

4

Lodge with the Court

The application is filed with the Supreme Court. Processing typically takes 4 to 8 weeks depending on the state.

5

Grant issued & distribution

Once the grant of probate is issued, the executor can collect assets, pay debts, and distribute the estate to beneficiaries.

When Do You Need a Will?

Research consistently shows that around half of Australian adults do not have a valid Will. Dying without one, known as dying intestate, means your assets are distributed according to a rigid government formula that may not reflect your wishes. Your family is left with more paperwork, higher legal costs, and unnecessary stress during an already difficult time.

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Getting Married

Marriage revokes an existing Will in most Australian states. If you are getting married, you need a new Will that reflects your changed circumstances and protects your new spouse.

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Having Children

A Will is the only way to nominate a preferred guardian for your minor children. Without one, the Family Court decides who raises your children based on its own assessment.

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Buying Property

Property is often your most valuable asset. A Will ensures it passes to the right people and can help your family avoid lengthy and expensive disputes over ownership.

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Starting a Business

Business owners need a Will that addresses succession planning, partnership buy-sell arrangements, and the transfer of business assets to avoid disruption to the business.

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Separating or Divorcing

Divorce revokes any gifts to your former spouse in your Will, but separation alone does not. If you have separated, update your Will immediately to prevent unintended consequences.

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Turning 18

Once you turn 18 in Australia, you can make a legally valid Will. If you have any assets at all, including superannuation or a bank account, it is worth having one in place.

Do not wait for a wake-up call. Creating a Will takes just 15 minutes with ezywill and gives you and your family peace of mind. If your circumstances are more complex, ezylegal's lawyers can review your Will or help with probate and estate disputes.

Common Questions

How does the partnership with ezywill work?

ezywill.com.au is our trusted partner for creating Wills and Powers of Attorney. Their AI-powered platform makes it simple and affordable, letting you draft a legally valid document in minutes. For probate applications, estate administration, and estate disputes, ezylegal's qualified Australian lawyers step in to handle the legal complexity. Together, we cover every stage of estate planning.

Can I create my Will online?

Yes. Through ezywill.com.au, you can create a legally valid Australian Will in about 15 minutes. Their platform guides you step-by-step in plain English with no legal jargon. Once complete, you print the document, sign it in the presence of two adult witnesses, and your Will is legally binding. You can update it at any time.

How long does Probate take?

Once ezylegal files your probate application, the Supreme Court typically processes it within 4 to 8 weeks, though this can vary by state and complexity. In straightforward matters with no disputes, some states issue grants in as little as 3 weeks. We handle all the legal paperwork, court requirements, and creditor notifications on your behalf.

What happens if I die without a Will?

Dying without a valid Will is called dying intestate. When this happens, your assets are distributed according to a rigid formula set by your state or territory's intestacy laws, which may not reflect your actual wishes. Your spouse, children, or next of kin inherit in a set order. If no relatives can be found, your entire estate passes to the government. The process is slower, more expensive, and far more stressful for your family.

What is an Enduring Power of Attorney?

An Enduring Power of Attorney is a legal document that authorises someone you trust to make financial or personal decisions on your behalf. Unlike a general Power of Attorney, it continues to operate even if you lose mental capacity due to illness, injury, or age. Every Australian adult should have one as part of their estate plan.

How much does probate cost?

Probate costs vary by state. Court filing fees range from around $200 in some states to over $1,000 for larger estates in others. On top of filing fees, there are legal preparation costs. ezylegal offers fixed-fee probate packages so you know the total cost upfront. Visit our pricing calculator for a tailored estimate.

Can I contest a Will?

Yes, in Australia certain eligible persons can contest a Will if they believe they have not been adequately provided for. Eligible claimants typically include spouses, children, dependants, and in some states, household members. Time limits are strict, usually 6 to 12 months from the grant of probate depending on your state. Contact ezylegal early if you are considering a claim.

When should I update my Will?

You should review and update your Will after any major life event: marriage, divorce, the birth of a child, purchasing property, receiving an inheritance, or if your chosen executor or guardian can no longer act. As a general rule, review your Will every 3 to 5 years even if nothing major has changed. Note that marriage automatically revokes a Will in most Australian states.