Hillwest Legal prepares wills, enduring powers of attorney and enduring guardianship appointments for clients across the Hills District and Greater Western Sydney. A properly prepared will ensures your assets are distributed according to your wishes, while a power of attorney ensures someone you trust can manage your affairs if you lose the ability to do so yourself.
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How the process works
- Initial instructions. You provide us with your instructions who your beneficiaries are, who you'd like to appoint as executor, any specific gifts or wishes, and who you'd like to appoint as your attorney and guardian. This can be done online, by phone or in person at our Hills District office.
- We prepare the documents. Our team drafts your will, enduring power of attorney and enduring guardianship appointment based on your instructions. Where appropriate, we'll suggest provisions you may not have considered such as backup executors, guardianship of minor children, or how to deal with superannuation and jointly owned assets.
- Review and explanation. We walk you through each document in plain English, explaining what each clause does and why it's included. We make any amendments needed before you sign.
- Execution. You sign the documents in the presence of the required witnesses. We ensure the execution complies with the formal requirements of the Succession Act 2006 (NSW) so your will is valid and enforceable.
- Safe storage. We can store your original will securely at our office, or you can keep it in your own safe location. We provide guidance on where to store it and who to inform.
When you might need a will or power of attorney
You've never had a will. If you own any assets at all property, savings, superannuation, a car, personal belongings you should have a will. Without one, the intestacy rules in NSW dictate who inherits, and the process is slower and more expensive for your family.
You're buying property. If you're purchasing a home particularly with a mortgage a will ensures your property passes to who you intend. We regularly prepare wills alongside conveyancing matters so both are sorted at once.
You've recently married or entered a de facto relationship. Marriage revokes an existing will in NSW (unless it was made in contemplation of the marriage). If you've recently married, your old will is no longer valid and a new one is needed.
You've separated or divorced. Separation doesn't automatically revoke a will in NSW only certain provisions relating to the former spouse are affected. If you've separated, it's important to review and update your will and powers of attorney. This is particularly relevant if you're going through a family law matter.
You have young children. A will is the only way to nominate a guardian for your minor children. Without a will, the court decides who looks after them.
Your circumstances have changed. A change in assets, beneficiaries, health, or family structure means your estate plan may no longer reflect your wishes.
You don't have a power of attorney. Without an enduring power of attorney, if you lose capacity, your family may need to apply to the NSW Civil and Administrative Tribunal (NCAT) for a financial management order a process that is costly, time-consuming, and distressing.
What's included in our estate planning package
Our standard estate planning service covers the preparation of three documents:
Last will and testament. Covers the distribution of your estate, appointment of executors, guardianship of minor children, specific gifts, and any other instructions you want to include.
Enduring power of attorney. Appoints someone to manage your financial and legal affairs if you lose capacity. This document remains valid even after you can no longer make decisions for yourself.
Enduring guardianship. Appoints someone to make lifestyle, health and medical decisions on your behalf if you lose capacity. This is separate from the power of attorney, which covers financial decisions.
Will and power of attorney fees
Our standard will and power of attorney package is offered at a fixed fee. The price covers the preparation of all three documents, a consultation to discuss your wishes, and a review meeting before execution. For more complex estate plans such as those involving testamentary trusts, blended families, or business succession we provide a tailored quote after understanding your situation.
Wills and estate planning in the Hills District
Our Hills District office serves clients throughout the Hills District and surrounding suburbs. Whether you're a young family in The Ponds preparing your first will, or you're reviewing your estate plan after retirement in Cherrybrook, we provide a straightforward and accessible service from our Lexington Drive office.
Frequently asked questions about wills and powers of attorney
Related services
- Probate Administering a deceased estate.
- Conveyancing Buying property? Get your will sorted at the same time.
- Binding financial agreements Protect your assets alongside your estate plan.
- Separation agreements Update your will if you're going through a separation.
The information on this page is general in nature and does not constitute legal advice. For advice specific to your circumstances, please contact us directly.