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Wills and Estate Planning

If death, like tax, is certain, then it must be prudent to set out your succession plan in your formal Wills that complies with all the legal requirements for recognition.


Planning Your Golden
Years Together

Not having a Will, and sometimes even not updating a Will, can cause chaos and division amongst your heirs for years after your passing. We can assist with most forms of Wills and Estate planning, from the most basic to those sufficiently complex to need input from a team of accountants, tax agents and financial advisers.

Consider including in your estate plan

Estate planning is a crucial step in securing your family’s future and ensuring your wishes are upheld. At Michael O’Brien Lawyers, we understand the importance of comprehensive estate planning.

Michael can guide you through the process of creating a formal Will that meets all legal requirements. We offer advice and assistance with various types of Wills, from basic ones to intricate plans requiring input from financial advisors and tax experts.

Whether you’re safeguarding your business, providing for loved ones, or addressing specific needs like special trusts for children, pets, or blended families, we’re here to help. Don’t leave your legacy to chance; let us advise and assist you in planning your estate with precision and care.

Have peace of mind that you will leave your affairs in order in the event of your passing. Ensure that your property and assets are distributed within your wishes to your loved ones you leave behind.

Power of attorney

  • A power of attorney allows someone to act on your behalf but only until you can no longer revoke that power.
  • An enduring Power of attorney is designed for cases where you can no longer make complex health and financial decisions. It continues beyond the time that you are able to revoke the power and until your passing.
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  • at a minimum your Will should name an executor, a guardian where appropriate, any legatees that you have in mind, your heirs and alternates for each of these in case of disaster
  • bequests to charities that are effective
  • business succession setting out what happens to your business
  • special needs trusts, especially for children with special needs
  • include a provision for pets and what happens to your faithful animal companions
  • blended families and how you provide for children of a previous relationship without neglecting your current family
  • protective testamentary trusts when there is a risk that someone may attack the disposition that you desire.
  • it is essential to revisit your will if there are a change in circumstances, for example a marriage, a divorce or a new born etc,

Estate Administration

Trust in us to navigate the complexities of estate administration, including probate and legal challenges.


Your Will names your executor, but it is the Supreme Court that confirms the appointment with a grant of probate.

We can assist you in complying with the succession act in advertising your intention to apply for the grant and in making the formal application with the required supporting evidence and on the prescribed forms.

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We are able to assist with the appropriate court applications or defences if there are problems with the Will itself or legal challenges to the appointment of the executor.

It is essential you obtain the right information to protect your legacy in the manner you intend. We are committed to providing you with peace of mind. Contact us today to start securing your family’s future with precision and care.