NSW Estate Lawyers

05/09/2026

I am trying something new over in the Facebook group, I have added back in the Guides tab and my first guide is about safe custody. What is required to run safe custody, why you might run safe custody, and why I have chosen not to run safe custody. Safe custody isn't a requirement, it isn't for everyone.

If you are a lawyer who is interested you could join the group (search for NSW Estate Lawyers in groups in Facebook). Make sure you answer the questions when you apply to enter, or the Facebook robot will reject you.

31/08/2026

The temptation to rush if you think the client's capacity might be challenged is strong, because you don't want them to wait until their capacity is weaker. However the best outcome for the client is probably a slower pace, and it also allows you more time to observe and record more detailed file notes.

28/08/2026

During our Webinar on the Power of Attorney this week we talked about how you can use this focus on POAs to shift your pricing, rather than trying to jam this additional work into your $1,200 package you should be creating a third package.

If you focus on that package in your pricing and your marketing then you will stand apart from the DIY providers, and also create a natural barrier between your "just the documents" package, and a more complete Estate Plan. Your third package, the top tier protection, would of course include a discretionary testamentary trust.

27/08/2026

Have you joined our Facebook Group for lawyers yet? This week we have been discussing capacity, and actually last week we were discussing it too.

Search for the group ("NSW Estate Lawyers") and you can see the rest of the discussions on this topic. Make sure you answer the questions or you won't be able to get in.

27/08/2026

This topic of testamentary capacity has been an ongoing discussion in our group for a little while. One of the things that I do is print out the Law Society's Guidelines and as I am reviewing them I make hand written notes on the document. This is as well as, not instead of, the comprehensive file note made during and after the consultation.

If you want to participate in discussions like this then please head over to Facebook and seach in Groups for "NSW Estate Lawyers". Make sure that you answer the questions to enter.

23/08/2026

Because seriously, you asked me for the documents, and you have already paid for them?

20/08/2026

Have you joined the free Facebook Group where we discuss issues around Estate Planning and also Estates? In this last week we had a real focus on capacity, we discussed a few things including -

Have you refused to take on a client with capacity issues, and how did the client and/or their family react?

Have you audio recorded or video recorded the meetings for evidence of capacity if you think there may be a challenge to the estate?

How close to the signing appointment do you get the report from the GP if it cannot all be done on the same day?

If you are a lawyer and you would like to join the group then go into Facebook, into groups, and search for “NSW Estate Lawyers”. Make sure that you answer the questions because otherwise the Facebook robot will reject you. If you are a lawyer from another state you are welcome to join (if you answer the questions), we do discuss NSW specific things but we also discuss other things that may apply to you.

06/08/2026

This week in the newsletter I looked at downsizing and how that impacts the preparation of the Power of Attorney. In the associated blog post I address the issue, is this a legal problem? Why is a lawyer talking about this?

From the blog post -

All this talk of planning and aging might leave you thinking that this is not a legal problem, and if you think a Power of Attorney is merely a document you would be right.

I personally think that, even if a Power of Attorney was only a document I would still want a better outcome for my clients. However, a POA is not merely a document, in fact most clients tell us that they want -

* to make sure that this person makes decisions for them if they lose capacity; or

* to avoid any arguments or issues.

If you want to think more about this topic then head over to my blog post -

Your clients say they want to downsize when the time comes, so why isn’t that happening?

03/08/2026

In the last 24 hours in the NSW Estate Lawyers Facebook group I have shared the amended Costs Disclosure statement from the Law Society that includes the AML wording, the NSW Law Society's position on whether you can continue to act after making an SMR and where to find it, and the Legal Services Council's handout about costs and disbursements for AML.

I want to be super clear that I claim no expertise in these areas, mostly I am sharing stuff to do with Estates or POAs, but as this impacts us all I just on shared it. If you want to join the group then search for "NSW Estate Lawyers" in the Facebook groups, and make sure you answer the questions or else the automated robot will delete your request.

I also posted a question, out of curiosity, asking what type of matter forced you into AML (was it conveyancing, or was it something else).