Burgess Thomson Lawyers

Estate Planning

Wills & Estate Planning

Need Estate Planning Lawyers in Newcastle?

Estate planning isn’t just about drafting a Will. It’s an intricate process that ensures your assets and affairs are seamlessly distributed and managed in the event of your passing. It also includes having a plan for who looks after your affairs if you lose capacity.

In the ever-evolving landscape of life’s circumstances—from retirement to family changes like divorce—it’s more important than ever to have a comprehensive estate plan that provides clarity and eases the burden on loved ones.

Effective estate planning embraces a whole range of legal documents, including a Will, enduring power of attorney, power of enduring guardianship, and superannuation death benefit nominations, among others. Each of these documents plays a vital role in weaving a secure safety net for your loved ones and ensuring your wishes are respected.

Why Is Estate Planning Essential?

Asset Distribution: It’s not just about wealth; it’s about ensuring your assets, from properties and savings, through to personal belongings, are distributed according to your wishes.

Caring in Incapacity: Life can be unpredictable. Should you ever lose the capacity to make decisions, your estate plan ensures that trusted individuals can take the helm and ensure your affairs are managed judiciously.

Relieving Loved Ones: The grief of losing a loved one is profound. An effective estate plan significantly reduces the administrative and emotional burdens on family, allowing them to focus on healing.

Arrange a consultation with our specialist Wills & Estates Lawyers in Newcastle.

How Burgess Thomson Can Help with Estate Planning

Having served the local community for over 40 years, our team of dedicated estate planning lawyers in Newcastle are adept at crafting tailored estate plans that align with individual needs and Australian legal standards.

  • Drafting and Revising Wills: From simple to complex estates, we ensure your Will encapsulates your wishes and maximises your family’s inheritance.
  • Planning for Future Incapacity: Through Power of Attorney and Guardianship documents, we help you designate trusted individuals to manage your affairs, ensuring peace of mind.
  • Advice on Estate and Probate Laws: Our extensive knowledge of Australian laws helps clients navigate the complex realms of estate and probate regulations.
  • Minimising Litigation Risks: Our meticulous approach ensures your Will is robust and reduces the likelihood of it being contested.
  • Document Security: With Burgess Thomson, your critical legal documents are safe. We offer storage of your original documents in our fire proof safe custody, ensuring they are accessible when needed and protected always.

Why Choose Burgess Thomson for Estate Planning?

Decades of Expertise: With over 40 years in the field, our experience speaks volumes. We’ve witnessed the evolution of Australian estate laws and have consistently adapted, offering clients top-tier advice.

Holistic Approach: Estate planning is deeply personal. We discuss your wishes for all relevant family members to sculpt a plan that considers everyone’s needs and wishes.

Unwavering Commitment: Our team of estate planning lawyers in Newcastle are not just professionals; they are compassionate individuals dedicated to guiding families towards a secure future.

Clear Communication: With Burgess Thomson, there’s no legalese. We communicate clearly, ensuring you’re informed every step of the way.

Estate planning is not a task but a journey towards securing the future of your loved ones and honouring your legacy. Let Burgess Thomson be your trusted guide on this path, ensuring every step is anchored in expertise, understanding, and unwavering commitment.

Contact us or request a quote to learn more about how our skilled wills and estate lawyers in Newcastle can help with estate planning.


A testamentary trust is an effective estate planning tool. It is a trust which arises upon the death of the testator and is specified in their Will. Testamentary trusts can be beneficial by providing a greater level of control over the distribution of assets to beneficiaries. This can include beneficiaries who may be unable to responsibly manage their inheritance due to age, disability or spending habits. Testamentary trusts can provide beneficiaries to effectively manage their tax better, as they allow trust income to be distributed to minors at adult marginal tax rates.

Superannuation is not automatically paid into your estate of your death. It is paid according to your fund’s rules and any death benefit nominations you have chosen. A Binding Death Benefit nomination or Non-lapsing Death Benefit nomination is a written nomination made to your super fund to make sure that your death benefit (including total super balance and any life insurance held in the fund) is paid according to your wishes.

It is important to consider that a Will only concerns some assets- those that you ‘personally own’. Anything that is not in your personal name only, will not be dealt with your Will. Some examples of assets that may be excluded from your Will and should be dealt in a wider estate plan are: Companies and Trusts – if you are looking to pass on companies and trusts, there may need to be additional documentation to ensure the control of these structures and assets are passed on according to your wishes. Joint tenancy assets – any assets from a join tenancy arrangement pass automatically to the other owner when you pass away, while tenants in common (two or more people who co-own a property in defined shares) can be included in the Will. Therefore, it is important to consider whether to have a joint tenancy or tenants in common arrangement in place to form part of your estate planning.
A power of attorney allows someone you trust to act on your behalf in your absence. It is particularly useful if you are going overseas or if you require hospitalization. Through an appointment of a power of attorney you can give the attorney control of your business affairs to act on your behalf. The appointed power of attorney will safeguard your best interests and provide management for your financial and property affairs.
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