NSW Property & Estates Lawyers

Whether you’re buying a property or planning for the protection of your wealth for you and your loved ones, get the expert advice you need for peace of mind today.

Property & Estates

A person’s Estate consists of the property they own. Property can take many forms and includes real property (residential and commercial land and buildings), shares, business equity, investments, cash, Superannuation and a range of legal and equitable rights or interests such as a right pursuant to an Option Agreement or a right to provision from a Deceased Estate.

Most people work hard to accumulate property and wealth, but many individuals do not take adequate steps to protect their Estates from unforeseen events or third-party claims.

Asset Protection & Estate Planning

The protection of property from claims, disputes and personal insolvency are key aspects of Estate Planning. Most commonly asset protection is achieved through asset structuring.

This involves the isolation of property from risks. Spouses, Trusts and Companies are useful vehicles for achieving asset protection through structuring.

Other useful Estate Planning tools include; Loan & Security Agreements, Business Succession Planning Agreements, Wills creating Discretionary Testamentary Trusts, Binding Death Benefit Nominations, Estate Planning Agreements and Agreements to Make Mutual Wills.

Estate Planning is particularly important for people who are ‘at risk’ or ‘high net worth’ individuals.

Estate Planning is not just about having a Will or even a Will that creates Discretionary Testamentary Trusts. These days advanced or modern Estate Planning involves planning for the protection of property during your lifetime for your own benefit, the growth of wealth in a tax effective environment and finally, planning for the succession of your Estate on death.

Overview

Property & Estates Law governs legal issues and transactions relating to the:

  • The structuring of ownership of interests in land and other investments,
  • The acquisition and sale of land and other investments,
  • Leasing, dealings with and development of land or other property,
  • Personal asset protection and the implementation of risk mitigation strategies, particularly in relation to business interests,
  • Planning for the succession of wealth on death in the most beneficial and tax effective way for your intended beneficiaries,
  • The administration of Deceased Estates,
  • Disputes in relation to the validity of Wills, and
  • Claims for provision for Deceased Estates.

The most common mistake people make in relation to their Estate Planning is purchasing residential and commercial properties in their own names without any consideration of their risk profile or implications for their Estate Planning objectives.

Coming in second is the ownership of shares in a company in the name of an ‘at risk’ individual.

See How We Help” for specific examples of how we assist clients with Property & Estates Law matters.

Advanced Estate Planning Guide

Often there are simple solutions to complex Estate Planning problems that go unaddressed.

Download our Advanced Estate Planning Guide: Simple Legal Solutions to find out what Estate Planning issues might be relevant for you and your family and the legal solutions available.

 

  • Enter your details below and we will email you 'Advanced Estate Planning: Simple Legal Solutions' today.

Speak to an experienced Property & Estates Lawyer and get answers to your questions today, or Download one of our plain English Legal Guides.

We can assist with:

Property

Estates

Deceased Estates

Often Simple Legal Solutions exist to complex Estate Planning problems.

Advanced Estate Planning Guide

Download our Advanced Estate Planning Guide: Simple Legal Solutions to find out what Estate Planning issues might be relevant for you and your family and the legal solutions available.

  • Enter your details below and we will email you 'Advanced Estate Planning: Simple Legal Solutions' today.

Property & Estates
11/08/2016 by Sam Roberts

How to Bulletproof a Will from Family Provision Claims

Recently SBS Insight addressed the topic of “Making a Will”.  The programme explored how the family provision laws under the Succession Act 2006 (NSW) enables a Court to effectively rewrite a person’s Will where it is found that an inadequate provision has been made for an eligible person. Two (2) of the guests that were […]

Property & Estates
10/08/2016 by Anna Roberts

When to Review your Estate Planning

It is important that you keep your Estate Planning up-to-date as your circumstances change and that you are confident that nothing has been overlooked. To help you better undertand the issues relevant to Advanced Estate Planning, in 2016 we released “Advanced Estate Planning – Simple Legal Solutions“. This Guide deals with the following common Estate Planning […]

Property & Estates
4/08/2016 by Anna Roberts

Helping Your Children – Loan or Gift? – Simple Legal Solutions

Andrew has recently started his own business. Andrew has incorporated a company of which he is the sole director and entered into a number of contracts with suppliers. As the director Andrew has also signed a number of personal guarantees. Andrew’s father Mark wants to help Andrew out with his new business venture and has […]

Property & Estates
14/10/2013 by Rebecca Wosman

How Should You Own Property? – Asset Structuring

An important preliminary step in buying a property is deciding how you want to own the property. Why Now? If you neglect to consider the structure of your ownership of a property at an early stage you may find that it is too late to change later and encounter delays and/or additional costs. For example, […]

Property & Estates
27/08/2013 by Anna Roberts

Pre-empting Contested Wills Claims

What is a Contested Wills Claim? A Contested Wills Claim (more commonly know as a family provision claim) is a claim made by an “eligible person” against your Estate Assets after your death. The Succession Act 2006 empowers the Courts to make Orders in effect remaking a person’s Will where the “eligible person” has been […]

Property & Estates
16/08/2013 by Sam Roberts

Why Asset Protection is fundamental to proper Estate Planning

Is Asset Protection Relevant for Me? We all work hard to accumulate wealth to fund our lifestyle and retirement and tp provide a head start for our loved ones but most people do not take adequate steps to protect their wealth from unforeseen events or third party claims,. People who carry on a business, have […]

Property & Estates
15/02/2012 by Anna Roberts

Wills & Asset Protection Trusts: Why your beneficiary’s circumstances are as important as yours

What is an Asset ProtectionTrust? (also known as a Testamentary Trust) An Asset Protection Trust is simply a Trust created by a valid Will and funded by Estate Assets. The Trust commences when the Executor finishes administering the Estate. There a many different types of Testamentary Trusts that can be established in a Will. Most Asset Protection […]

Property & Estates
15/02/2012 by Anna Roberts

Planning for the forseeable: Why appoint an Attorney & Guardian?

What if I suffer a serious injury, illness or trauma? Fundamental to every Modern Estate Plan is considering what will happen to you and your loved ones in the event that you suffered from a serious injury, illness or trauma during your lifetime. This involves: the appointment of trusted persons to act as your attorney […]

Property & Estates
15/02/2012 by Anna Roberts

An Introduction to Advanced Estate Planning

What is Advanced Estate Planning? Advanced Estate Planning is not just about making a Will, Power of Attorney and Appointment of Enduring Guardian. Advanced Estate Planning is planning for the preservation of your wealth during your lifetime as well as planning for the succession of that wealth to your intended beneficiaries in the most advantageous […]

Property & Estates
14/02/2012 by Anna Roberts

Sophie’s Lost Inheritance

Sophie’s parents’ Wills were apparently straightforward. Under terms of the Wills, everything her parents owned was left to the surviving parent and then, in the event that both her parents had died, the Wills divided their assets equally between Sophie and her brother. When Sophie was (not so happily) married to David, David’s business needed […]

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Success Stories

Father defends estranged Daughter’s challenge to Grandmother’s Will on grounds of lack of testamentary capacity and claim for Family Provision Order.

The client was the Executor of his mother’s Estate (“the Client”). He sought a grant of probate in relation to what he considered to be her last valid will (“the Will”).  At the time that the Will was made, the Client’s mother (“the Deceased”) intended that her Estate would go to the Client and his sister in equal shares, subject to the Client’s sister having a right to occupy the deceased’s home for the rest of her life.

View all success stories

Testimonials

You went the extra mile to ensure that our Estate Planning also covered all those “what if” scenarios that so could easily have been overlooked.

“When my wife and I were starting to prepare our Wills you went the extra mile to ensure that our Estate Planning also covered all those “what if” scenarios that so could easily have been overlooked that could have caused either us or our children unknown stress at what is likely to be an extremely stressful time when it is required. The peace of mind this attention to detail has given us can not be measured in dollars.”

Luke Stevens, Amber Tiles


Anna always took my calls or returned my messages promptly.

“Anna Roberts was a pleasure to deal with. She always took my calls or returned my messages promptly when she was not available”

 Ronald Lightfoot


Anna made me feel like I was in control.

“Anna talked me through to procedures required, organized all the paperwork involved and made me feel like I was in control. She knew exactly what had to be done and kept in touch through the entire process. I found her to be very understanding and professional during this rather difficult time in my life”.

Johanna Lillford


Anna was compassionate and understanding during what was a difficult period of my life.

“Anna’s professional and diligent manner was pleasing to deal with. She promptly attended to the administration of the Estate and kept me informed of any progress at all times. She was compassionate and understanding during what was a difficult period of my life.”

Margaret Akerman


Roberts Legal were able to provide the best advice to minimise risk and ensure a smooth transaction.

“When it came time to sell we had a complicated transaction due to the nature of the tenancies and Roberts Legal were able to provide the best advice to minimise risk and ensure a smooth transaction.”

James Johnson, Licensed Real Estate Agent


Your attention to detail and constant communication removed a lot of the jitters that buying a family home usually entails.

“Your attention to detail and constant communication ensured that we were always comfortable with what was happening and removed a lot of the jitters that buying a family home usually entails. In fact the Vendor’s Agent even commented at how well and promptly your office communicated with him, he commented that in most cases it was the Agent forever ringing the Solicitor or Conveyancer to follow up but that he did not feel the need to do so with your firm.”

Luke Stevens, Amber Tiles


I will confidently continue to use the services offered by Roberts Legal knowing that my matters are in good hands.

 “Roberts Legal acted for us on the sale of our residential premises. I found them to be professional, efficient and courteous. Roberts Legal is currently acting for us on the sale of another property and I will confidently continue to use the services offered by Roberts Legal, knowing that my matters are in good hands.” 

Jeff Shanahan


Every co-owned business needs a succession plan and this is an easy and inexpensive way to begin to build one.”

“The business succession planning guide and term sheets (questionnaire) provided by Roberts Legal are useful resources for anyone in a co-owned business. It breaks down the issues in everyday language and allows the business owners to identify and resolve all of the important issues proactively before they become a problem. The simple questionnaire helps business owners to have the awkward conversations with their business partners in an objective way that creates certainty for all the owners. As a Chartered Accountant I often come across situations where a disagreement between co-owners leads to the demise of the business and it’s good to know I can refer my clients to the business succession planning guides provided by Roberts Legal to establish the rules of the game from the start to keep everyone moving in the same direction. Every co-owned business needs a succession plan and this is an easy and inexpensive way to begin to build one.”

Trevor Monaghan, Climax Business Strategies Chartered Accountants


It is surprising to find a law firm that provides such clear and concise guides.

“It is surprising to find a law firm that provides such clear and concise guides to business succession planning and shareholders’ agreements. Having been through the exercise with a number of our accounting practice clients, it is good to have a tool that can be used to assist our clients in forming a clear picture of how they want their business to continue following an unexpected event and how they expect the various shareholders to interact with each other. The Business Succession Planning Guide and Term Sheets enable us provide a clear set of instructions to the team at Roberts Legal.”

Richard McArtney, Bentley Accountants Newcastle Pty Limited


Another flawless conveyancing performance.

“Thank you Roberts Legal for another flawless conveyancing performance. We love your work and will continue to throw all jobs your way!”

Fiona Davis


I commented to a friend at the time “Wow, these guys are certainly ‘on the ball’ – and you still are!

“I have been very impressed by the way in which you conduct your business – very professional yet friendly and always approachable. I commented to a friend at the time “Wow, these guys are certainly ‘on the ball’ – and you still are!”

Judith Vitens


The quality of advice and results achieved have been greater than I originally expected.

“Sam Roberts has assisted our Company in relation to a range of issues relating to a large Property Development. The quality of advice and results achieved have been greater than I originally expected when our Company first made the move to Roberts Legal.”

TIA Properties Pty Limited


I would not hesitate to recommend the Estate Planning service to anyone considering how best to plan the succession of their assets.

“Sam and the team at Roberts Legal provide an efficient service and practical advice. Specifically I would not hesitate to recommend the Estate Planning service to anyone considering how best to plan the succession of their assets.”

Christine Lusher, Lusher Financial Services


I would highly recommend Anna Roberts to anyone who needs legal advice in relation to the preparation of Wills and organising their affairs.

“Anna prepared my Will, Power of Attorney and Appointment of Enduring Guardian without delay. She explained them to me in plain-English and made sure I understood their contents before I signed them.

I would highly recommend Anna Roberts to anyone who needs legal advice in relation to the preparation of Wills and organising their affairs.”

Ronald Lightfoot


I had my Will done by your people and I had the best service and advice.

“Robert Legal are great! I had my Will done by your people and I had the best service and advice. I’ve been recommending Roberts Legal to many people.

The secretaries are awesome too!”

Lou McVie


Your services have been prompt, efficient, professional and considerate of our needs.

“Thanks Sam and the team for excellent service in recent months – estate matters, property transfers and resolution of debt disputes. Your services have been prompt, efficient, professional and considerate of our needs. But most of all, thanks for getting the results we sought.”

Steve and Julianna


It was a pleasure dealing with you.

“Thank you very much for your assistance with my purchase. It was a pleasure dealing with you. I will let you know when we find the next one.”


Sam has proven to me he has an in depth knowledge of legal matters, is very approachable and discharges his responsibilities in a timely and professional manner.

“I have used the services of Roberts Legal and in particular Sam Roberts for both myself and for my clients, and continue to do so. Sam has proven to me he has an in depth knowledge of legal matters, is very approachable and discharges his responsibilities in a timely and professional manner.”

Erminio Adoranti, Accountant, Adoranti & Co


Sam and his team have been extremely professional, efficient and courteous.

“We have used Sam Roberts now on a number of occasions for various legal matters – including some very complex issues. On all occasions Sam and his team have been extremely professional, efficient and courteous.”

Brentwood Skin


Their Solicitors and staff were friendly, available and professional throughout the conveyancing process.

“Roberts Legal recently acted for us in the purchase of our house. Their Solicitors and staff were friendly, available and professional throughout the conveyancing process. I am very happy to recommend Roberts Legal as they provided great value for money.”

David Grime, Merewether Golf Club


Without Sam’s assistance the loss of the sales and impediment of the stumbling block would likely have cost our company hundreds of thousands of dollars.

“My company recently engaged Sam Roberts and Roberts Legal to act on its behalf in relation to the sale of two (2) commercial properties at Dubbo. I found that Sam understood everything in relation to my business and acted extremely fast on anything that needed to be done. At all times the service was very prompt and efficient.

Sam and his team helped our company overcome a major stumbling block in relation to our sales which meant that the sales of our significant commercial properties could proceed. Without Sam’s assistance the loss of the sales and impediment of the stumbling block would likely have cost our company hundreds of thousands of dollars.

Even my commercial agent who deals with many Solicitors and law firms commented on how efficient Sam and his team were.

I found Sam to be very professional in the matter that he has acted.  For a young fellow he has done extremely well.”

Nik Shalimov, Dubbo Developments Pty Limited


Sam & his team at Roberts Legal should be your first port of call if you have any legal questions.

“Sam & his team at Roberts Legal should be your first port of call if you have any legal questions. He is friendly (yes a friendly solicitor!), well versed in many forms of law and available when you need him. We love the regular social media updates on all different issues, keeping us in the loop when important legislation changes occur.”

Tiron Manning


I have always been impressed by Sam’s diligence and attention to detail.

“Sam has assisted my company in relation to the commercial and retail leasing of properties and related advice over the years. I have always been impressed by Sam’s diligence and attention to detail.

I have found Sam to be very professional in the manner that he has acted. I would not hesitate to recommend Sam Roberts and Roberts Legal to any commercial property owner or to anyone looking for an excellent legal services provider.”

Nik Shalimov, Dubbo Developments Pty Limited