Wills & Estates

Wills & Estates Planning Services

Estate Planning is an important aspect of law. It’s essential that you have a valid will at any time.

It is even more important that you obtain an updated Will after separation or divorce to ensure that your former partner does not benefit from your estate.

At Carew Counsel, our team will give you peace of mind when it comes to preparation of your Estate Plan. We will be able to properly advise you on the right type of Will for you.

Our team have invaluable access to legal contacts interstate which may also benefit you.

Our team are able to assist you in preparing:

  • Will
  • Testamentary Trust Will
  • Memorandum of Wishes
  • Binding Death Nomination Form
  • Enduring Power of Attorney (Personal matters)
  • Enduring Power of Attorney (Financial matters)
  • Appointment of Medical Treatment Decision Maker

Our experienced Estate team can also assist with:

  • Estate Litigation
  • Obtaining Grant of Probate
  • Obtaining Letters of Administration

Testamentary Trust Explained

A Testamentary Trust Will allows your beneficiaries significant taxation advantages, protection of assets against creditors and some family law protection in the event that your beneficiaries should later find themselves in a situation of separation or divorce.

Where you have young children or children with disabilities or drug and alcohol problems, your assets may be left for them in a Testamentary Trust with independent trustees who can deal with the assets of the trust in an appropriate way to benefit the beneficiary and not allow the assets to be wasted.

To complete your Estate Plan and to complement a Testamentary Trust Will, we will prepare a tailor-made Memorandum of your Wishes leaving directions and a code of conduct that you would encourage your trustees to adopt in the event of your death. It will give your trustees and beneficiaries an insight into how you would like your estate managed and the reasons why.

Enduring Powers of Attorney – A ‘Living Will’

Dealing with how you would like your personal and financial affairs managed while you are alive but no longer to make decisions for yourself, can be more important than preparing for what will happen to your assets following your death.

Enduring Powers of Attorney (Personal matters and Financial matters) and Appointment of Medical Treatment Decision Maker, are part of a collection of documents that a well-prepared Estate Plan requires.

Learn More

Testamentary Capacity and Undue Influence

by Bronwyn Gunning

With Australia’s elderly population on the rise due to the wonders of modern medicine, general improved living standards and the ageing baby boomer generation Read More

New Developments In The Law For Claims Against Estates

by Louise Date

The manner in which a person chooses to leave their assets upon death can have widespread ramifications for surviving family members Read More

How Inheritances are Treated in Family Law Cases

by Bronwyn Gunning

The breakdown of a married or de facto relationship is a difficult and emotional time for all parties concerned Read More

Contact Us Today


At Carew Counsel we understand that selecting the right legal representation is an important decision.

Contact us today and discover how we can assist with your family law matter.