Wills and trusts lawyers in Newcastle and the Hunter

We prepare valid wills, powers of attorney, enduring guardianship and testamentary trusts across the Hunter and NSW.

A will is the document that governs how your assets are distributed after you die, and a carefully drafted one can protect the people you care about and reduce the risk of a dispute. In NSW, wills are governed by the Succession Act 2006, and a will must meet specific signing and witnessing requirements to be valid. We prepare wills, powers of attorney, enduring guardianship appointments and testamentary trusts from our offices in Newcastle, for clients across NSW.

How we help

We prepare the documents that make up a sound plan, in plain language:

  • A valid will that says who receives your assets and who administers your estate.
  • An enduring power of attorney for your financial and legal affairs if you lose capacity.
  • An enduring guardianship appointment for health and lifestyle decisions.
  • A testamentary trust, where there is a reason to protect or manage how a beneficiary receives an inheritance.
  • Reviews and updates after a major life change.

Why families choose Mullane Lindsay

Our wills and estates work is led by Cavelle Lindsay, with an experienced team including Lesley McDonnell, a Law Society of NSW accredited specialist in wills and estates. Since 1976, we take the time to understand your circumstances and prepare documents that are clear, valid and right for you.

What makes a will valid in NSW?

A will must generally be in writing, signed by you, and witnessed by two independent adults who sign in your presence, and you must have capacity and not be unduly influenced. A beneficiary, or a beneficiary’s spouse, should not be a witness. Small errors in signing or witnessing can invalidate a will, which is why a professionally prepared will is worth the cost.

Should you consider a testamentary trust?

A testamentary trust is a trust created within your will that takes effect on your death, holding and managing assets for beneficiaries rather than distributing them directly. It can offer asset protection, tax advantages for minor beneficiaries, and control over how and when assets pass. It is worth considering if you have a blended family, young children, a beneficiary with special needs, or significant assets.

FAQs

Yes. Without a valid will you die intestate, and your assets are distributed under the NSW intestacy rules, which may not reflect your wishes. A will also lets you appoint an executor, nominate a guardian for young children, and make specific gifts. Even a modest estate benefits from clear instructions, and superannuation death benefits are often larger than people expect.

Yes, at any time while you have capacity, by making a new will that revokes earlier ones or, for a minor change, a formal codicil. Review your will after major life events. In NSW, marriage generally revokes a prior will, and divorce can affect gifts to a former spouse.

A will takes effect only after your death, and the executor often needs a grant of probate first. A family trust is set up during your lifetime, with a trustee managing assets for beneficiaries, and assets in it can pass without probate. A trust is more complex and costly to run, so the right choice depends on your circumstances. We work with your accountant or financial adviser on this.

A trust created in your will that begins on your death and holds assets for your beneficiaries, useful for protecting an inheritance, helping with tax for minor beneficiaries, and controlling how assets are received.

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