Wills & Estates

Planning for the Future, Made Simple

Understanding Wills & Estates in Australia

Preparing a will or appointing someone to make decisions on your behalf can feel like a big step, but it doesn’t need to be complicated.

At THAMS Law Group, we help you prepare for life’s ‘what ifs’ with straightforward legal advice and practical solutions. Whether you need a will to ensure your assets go to the right people, a power of attorney to manage your affairs if you’re unable to, or an enduring guardian to make personal and health decisions on your behalf, we’ll guide you through the process clearly and respectfully.

We take the time to understand your wishes, explain your options, and make sure your documents are legally sound and future-ready, so you and your loved ones are protected, no matter what lies ahead.

WHAT WE DO

Will & Estate Services

Wills

A will is one of the most important legal documents you’ll ever create. It’s your opportunity to clearly set out how you want your assets, property, and personal belongings to be distributed after your death, and to appoint someone you trust to take care of things when you’re no longer able to.

A well-drafted will does more than list who gets what. It can help prevent family disputes, reduce the burden on your loved ones, and ensure that your estate is administered efficiently and according to your wishes. You can also use your will to appoint guardians for minor children, make charitable gifts, or account for more complex family circumstances such as blended families or estranged relatives.

Without a valid will, your estate may be dealt with under the rules of intestacy – a default legal process that doesn’t consider your personal relationships, values, or intentions. This can result in assets going to unintended beneficiaries, significant delays, and added stress for the people you leave behind.

At THAMS Law Group, we bring years of experience in wills and estate planning. We don’t use generic templates or take a one-size-fits-all approach. Instead, we take the time to understand your personal situation, provide tailored legal advice, and prepare documents that are clear, compliant, and designed to stand up when it matters most.

At THAMS Law Group, we work closely with you to ensure your will reflects your wishes clearly, accurately, and in a way that’s legally enforceable. We’ll take the time to:

  • Understand your personal circumstances, family dynamics, and priorities

  • Help you make informed decisions about who should benefit from your estate and in what way

  • Appoint an executor, someone you trust to carry out your wishes and manage the legal process on behalf of your estate

  • Provide advice on specific requests or more complex instructions (for example, gifts to charities, blended families, or vulnerable beneficiaries)

  • Make it easy to update your will when your situation changes, such as after marriage, divorce, or the birth of a child

We know these conversations can be confronting, but we’re here to make them as simple and straightforward as possible. Our goal is to give you peace of mind, knowing your affairs are in order, and your loved ones are protected.

Enduring Powers of Attorney

If you and your ex-partner cannot reach agreement, the next step is usually to file an application with the Court. This doesn’t mean a lengthy trial, many matters settle along the way. However, if ongoing conflict or safety concerns exist, formal court intervention may be needed to ensure safe, stable arrangements are in place.

We will be by your side through each stage, preparing documents, guiding you through negotiations, and protecting your rights while keeping your children’s wellbeing at the forefront.

The powers granted under an EPA can include managing bank accounts, signing documents, paying bills, selling property, or handling tax affairs. Unlike a general power of attorney, an enduring power continues to operate even after you’ve lost capacity, which is why it’s so important that it’s done properly.

At THAMS Law Group, we help you:

  • Understand the legal and practical implications of appointing an attorney; including when their authority starts, what decisions they can make, and how their actions are monitored

  • Choose someone appropriate for your circumstances, someone trustworthy, financially responsible, and capable of acting in your best interests

  • Define the scope of powers from broad financial control to specific, limited powers tailored to your needs

  • Ensure the appointment is valid and enforceable with all required witnessing, certificates and legal formalities handled correctly

We’ll also talk you through potential scenarios, help you plan ahead, and make sure you feel confident that your affairs will be properly managed if the unexpected happens.

This is not just a form, it’s a safeguard for your future. With the right advice and documentation in place, you can protect yourself, reduce risk, and give your loved ones the ability to help when it matters most.

Enduring Guardianship

An Enduring Guardian is someone you legally appoint to make personal, health, and lifestyle decisions on your behalf if you lose the capacity to make those decisions yourself.

his can include choices about where you live, what medical treatment you receive, and the type of care or services you access.

Unlike a Power of Attorney, which relates to financial and legal matters, an Enduring Guardianship focuses specifically on your wellbeing and day-to-day care. Appointing a guardian in advance ensures that if something unexpected happens, someone you trust will be legally authorised to make decisions in line with your values and preferences.

At THAMS Law Group, we guide you through this important process with clarity and care. We help you:

  • Understand the scope and limits of an Enduring Guardian’s authority including what decisions they can and cannot make

  • Select an appropriate guardian someone capable, compassionate, and willing to act in your best interests

  • Clearly document your wishes including any specific directions about medical treatment, living arrangements, or end-of-life care

  • Meet all formal legal requirements including correct witnessing and capacity assessments to ensure your document is legally valid and enforceable

These are sensitive decisions, often involving complex medical and ethical considerations. We take the time to explain everything in plain language, so you can make informed choices with confidence. Our goal is to help you create a plan that protects your dignity, respects your wishes, and gives your loved ones the authority to act when needed.

Helping You Plan Ahead with Confidence.

At THAMS Law Group, we understand that wills and estate planning aren’t just legal tasks — they’re personal decisions about your future, your family, and your peace of mind.

We take the time to understand your situation and explain your options in plain English. Our goal is to make the process simple, respectful, and stress-free — so you can move forward with clarity and confidence.

FAQs

  • Yes, a will gives you control over what happens to your assets, guardianship of your children (if applicable), and your personal wishes. Without one, your estate may be distributed according to a strict legal formula, regardless of your relationships or intentions. A properly drafted will also helps your loved ones avoid unnecessary stress, delays, or disputes during a difficult time.

  • If you die without a valid will, you're considered to have died “intestate.” This means the law decides how your estate is divided and it may not reflect what you would have wanted. Assets might go to estranged relatives or bypass people you intended to include. Having a will ensures your wishes are respected, and your affairs are handled by someone you trust.

  • Yes, you can update your will at any time, provided you have capacity. We recommend reviewing your will every few years, or after major life events such as marriage, divorce, the birth of a child, or the acquisition of new assets. At THAMS Law Group, we make the amendment process simple and legally compliant.

  • A Power of Attorney allows someone to manage your legal and financial affairs, such as property, bank accounts, and bills, if you’re unable to do so. An Enduring Guardian is appointed to make health, medical, and personal care decisions, such as where you live, or what treatments you receive. Both roles are important and serve different but complementary purposes.

  • It’s best to prepare these documents while you’re in good health and able to make clear, informed decisions. Having them in place early avoids rushed decisions later and ensures that, should something unexpected happen, trusted people are already appointed to act on your behalf.

  • Choose someone reliable, capable, and who understands your values. They should be willing to act in your best interests and make decisions aligned with your wishes. We’ll guide you through how to make this choice and formalise the appointment properly.