It's one of the most important legal documents you'll ever create – yet research consistently shows that more than half of Australian adults don't have one. A valid Will is the only way to ensure your wishes are carried out after you die. Without it, the law steps in and makes those decisions for you.

What Happens If You Die Without a Will?

Dying without a Will is called dying "intestate." When this happens, your estate is distributed according to a rigid legal formula set out in state legislation – not according to your wishes. In New South Wales, this means your assets pass to your spouse, children, or other relatives in a strict order of priority, regardless of your actual relationships or intentions.

This can lead to outcomes you'd never have chosen yourself:

• A partner you've lived with for years but never married may receive nothing
• Children from a previous relationship could be overlooked entirely
• A family home may need to be sold to divide assets between beneficiaries
• Distant relatives you barely know could inherit before close friends
• No one has clear authority to manage your affairs until the court appoints someone

The process of sorting out an intestate estate is also significantly more expensive and time-consuming for your family – adding stress during an already painful time.

What Can a Will Actually Do?

A properly drafted Will does far more than simply divide your assets. It is a comprehensive legal document that lets you:

• Name your beneficiaries – exactly who receives what, and in what proportions
• Appoint an executor – the trusted person responsible for carrying out your wishes
• Appoint a guardian – for any children under 18 if both parents pass away
• Protect assets through a Testamentary Trust – shielding inherited wealth from creditors, divorce, or financial mismanagement
• Make specific gifts – your car to a friend, jewellery to a sibling, a donation to charity
• Provide for pets – nominating a carer and setting aside funds for their care
• Minimise family conflict – by leaving clear, legally binding instructions

Why Do So Many People Put It Off?

The most common reasons Australians give for not having a Will are revealing:

1. "I'm too young" – Accidents and illness don't discriminate by age. Anyone over 18 with any assets, a partner, or children needs a Will.
2. "I don't have enough assets" – Even modest estates can cause significant disputes. Superannuation alone – which passes outside your Will – needs careful planning.
3. "It's too expensive" – This is no longer true. Professionally prepared Wills are now more affordable than ever.
4. "It's too complicated" – Modern Will preparation platforms guide you through the process step by step in plain English.
5. "I'll do it later" – Later sometimes never comes. The best time to make a Will is now, while you're healthy and thinking clearly.

What Makes a Will Legally Valid in Australia?

For a Will to be legally valid in Australia, it must meet certain requirements:

• Be in writing (typed or handwritten)
• Be signed by the testator (the person making the Will) at the end of the document
• Be witnessed by two adults who are present at the same time when you sign
• The witnesses must not be beneficiaries under the Will
• You must be 18 or over (with limited exceptions)
• You must have testamentary capacity – meaning you understand what a Will is and what you're doing

A Will that doesn't meet these requirements may be invalid – which is why having it professionally prepared matters.

When Should You Update Your Will?

A Will is not a one-and-done document. You should review and update it whenever your circumstances change significantly, including:

• Marriage or divorce (note: marriage automatically revokes an existing Will in most Australian states)
• Having children or grandchildren
• A significant change in your assets or financial situation
• The death of a beneficiary or executor named in your Will
• Buying a property or starting a business
• Moving interstate or overseas

How Much Does a Will Cost?

Traditional law firm Wills can cost anywhere from $300 to $1,500 or more depending on complexity. At New Vision Legal Services, our solicitor-prepared Wills start from just $350 – giving you the same legal protection at a fraction of the cost. The process is completed online, guided step by step, and your document is ready to download, print, and sign.

Conveyancing is the legal process of transferring ownership of property from one person to another. It sounds straightforward – but behind the scenes, it involves title searches, contract reviews, government searches, financial settlements, and a mountain of legal documentation. Getting it wrong can cost you far more than you'd ever save by cutting corners.

What Does a Conveyancer Actually Do?

Your conveyancer acts as your legal representative throughout the entire property transaction. Whether you're buying or selling, they manage the legal transfer so that you're protected at every stage. Here's what that involves in practice:

For Buyers

• Review the Contract for Sale before you sign – checking for unusual conditions, zoning issues, or hidden problems
• Conduct title searches to verify the seller legally owns the property and that title is clear
• Carry out council, water, and planning searches to uncover any encumbrances, easements, or development restrictions
• Negotiate contract amendments to protect your interests
• Manage the exchange of contracts and cooling-off period
• Liaise with your lender to coordinate finance approval and mortgage documents
• Calculate stamp duty and assist with any First Home Buyer exemptions
• Attend or manage settlement electronically via the PEXA platform
• Ensure title is transferred into your name and lodged with the Land Registry

For Sellers

• Prepare the Contract for Sale including all required disclosure documents
• Attach mandatory certificates (council, water, title)
• Negotiate special conditions with the buyer's solicitor
• Manage the exchange and settlement timeline
• Discharge any existing mortgage on the property
• Transfer the proceeds of sale to you at settlement

What Are Property Searches and Why Do They Matter?

Property searches are investigations into the legal and physical status of a property. They can reveal issues that aren't visible to the naked eye and that the seller may not be required to disclose. Common searches include:

• Title search – confirms ownership and reveals any mortgages, caveats, or easements registered on the title
• Council rates search – confirms rates are up to date and reveals any outstanding notices
• Water/sewer search – shows sewer lines, drainage easements, and any outstanding water charges
• Land tax clearance – ensures no outstanding land tax liability will transfer to you
• Planning certificate (Section 10.7) – shows zoning, flood risk, bushfire risk, and heritage listings
• ASIC search – if buying from a company, confirms the seller has authority to sell

What Happens at Settlement?

Settlement is the big day – when ownership officially transfers from the seller to you. In New South Wales, most settlements are now conducted electronically through the PEXA platform, meaning all parties (your conveyancer, the seller's conveyancer, and the banks) connect online simultaneously to exchange documents and funds in real time.

On settlement day:

1. Your lender releases the mortgage funds into the settlement workspace
2. The seller's outstanding mortgage is discharged
3. The purchase price is paid to the seller
4. Title documents are lodged with the Land Registry
5. Ownership is officially transferred to you
6. Your conveyancer notifies you that settlement is complete

How Much Does Conveyancing Cost?

Conveyancing fees vary depending on the complexity of the transaction, property value, and the searches required. At New Vision Legal Services, we provide fixed-fee conveyancing quotes upfront – so you know exactly what you'll pay before you commit. There are no surprise bills at settlement.

In addition to professional fees, you'll also need to budget for:

• Stamp duty – a state government tax on property purchases (exemptions apply for first home buyers)
• Title registration fees – charged by the NSW Land Registry
• Search fees – for the various council, water, and government searches
• PEXA fees – the electronic settlement platform fee

Do I Need a Conveyancer or a Solicitor?

In NSW, both licensed conveyancers and solicitors can legally conduct conveyancing work. The key difference is that a solicitor can also provide broader legal advice beyond conveyancing if complex legal issues arise during the transaction. For most standard residential purchases or sales, a qualified conveyancer is entirely appropriate.

Most people have heard of a Power of Attorney, but far fewer understand the critical difference between a regular Power of Attorney and an Enduring Power of Attorney – or why that difference could determine whether your family can access your finances if you're incapacitated.

What Is an Enduring Power of Attorney?

An Enduring Power of Attorney (EPA) is a legal document that authorises a person you trust – called your "attorney" – to make financial and legal decisions on your behalf. The word "enduring" is the critical part: unlike a standard Power of Attorney, an EPA continues to be valid even if you lose mental capacity.

This means that if you suffer a stroke, develop dementia, or are incapacitated through illness or accident, your appointed attorney can:

• Access your bank accounts to pay your bills and living expenses
• Manage your investments and superannuation
• Buy or sell property on your behalf
• Operate your business
• Make legal decisions and sign documents for you
• Pay for your care and medical expenses

What Happens Without an EPA?

Without an EPA in place before you lose capacity, nobody – not even your spouse or adult children – automatically has legal authority to manage your financial affairs. Your family would need to apply to the NSW Civil and Administrative Tribunal (NCAT) or the Supreme Court for a financial management order.

This process is:

• Expensive – legal and application costs can run into thousands of dollars
• Time-consuming – it can take weeks or months while bills go unpaid and investments sit unmanaged
• Emotionally draining – your family is dealing with a health crisis and court proceedings simultaneously
• Uncertain – the Tribunal may appoint someone you wouldn't have chosen, or in some cases appoint the NSW Trustee & Guardian as a public administrator

Who Should You Appoint as Your Attorney?

This is the most important decision in creating your EPA. Your attorney will have broad powers over your financial life, so trust is paramount. Consider:

• A spouse, adult child, or close family member you trust completely
• Someone who is financially responsible and organised
• Someone who is likely to be available and capable when needed – consider their age and health
• Someone who understands your values and wishes
• Consider appointing two attorneys jointly, or naming a substitute attorney in case your first choice is unable to act

You can also include specific conditions or limitations in your EPA – for example, requiring your attorney to consult other family members before selling your home, or restricting their powers to certain types of decisions.

When Does an EPA Come Into Effect?

You can structure your EPA in two ways:

1. Immediate effect – your attorney can act as soon as the document is signed, even while you still have capacity. This can be useful if you're travelling overseas, or want assistance with financial management now.
2. Triggered by incapacity – the EPA only activates when a medical professional certifies that you've lost capacity. This is the more common approach and provides an additional safeguard.

Can an EPA Be Misused?

Unfortunately, financial elder abuse through misuse of powers of attorney does occur. The legal safeguards include:

• An attorney has a legal duty to act in your best interests at all times
• An attorney cannot change your Will or make gifts to themselves without specific authority
• NCAT can investigate and revoke an EPA if misuse is suspected
• You can revoke your EPA at any time while you still have capacity

Choosing your attorney carefully is the best protection. Consider including record-keeping requirements in your EPA, and letting trusted family members know it exists.

How Much Does an EPA Cost?

At New Vision Legal Services, an Enduring Power of Attorney costs from just $49.95. It's one of the most affordable and important legal documents you can have. The process is completed online, guided step by step, and your document is ready to download, print, sign, and witness.

Buying your first home is one of the most exciting – and nerve-wracking – financial decisions you'll ever make. Between inspections, finance applications, and negotiating the price, the legal process of actually transferring the property into your name can feel like an afterthought. But conveyancing is the step that makes it all official, and understanding it will help you avoid costly mistakes.

Step One: Before You Sign Anything

Many first home buyers don't realise they should engage a conveyancer before they sign a Contract for Sale – not after. Once you sign, you're bound by the contract's terms, including any unusual conditions buried in the fine print.

Your conveyancer should review the contract before signing and look for:

• Unusual or unfair special conditions that favour the vendor
• Inclusions and exclusions (what's staying with the property and what's not)
• The deposit amount and cooling-off period terms
• Whether there are any easements, covenants, or restrictions on the title
• Whether the property is in a flood zone, bushfire-prone area, or heritage overlay
• Zoning – can you build that granny flat or subdivision you're planning?

The Cooling-Off Period

In NSW, residential property purchases come with a five-business-day cooling-off period after exchange of contracts. During this time, you can withdraw from the purchase – but you'll forfeit 0.25% of the purchase price as a penalty.

There is no cooling-off period for properties purchased at auction. If you buy under the hammer, you're unconditionally committed from that moment. This makes pre-auction contract review by your conveyancer even more important.

First Home Buyer Grants and Stamp Duty Concessions

As a first home buyer in NSW, you may be eligible for significant government assistance that your conveyancer can help you access:

First Home Owner Grant (FHOG)

A $10,000 grant for first home buyers purchasing a new home (including off-the-plan) valued up to $600,000, or building a new home with a total value up to $750,000. Your conveyancer can lodge the FHOG application on your behalf as part of the settlement process.

Stamp Duty Exemptions and Concessions

First home buyers in NSW who purchase a property valued up to $800,000 are exempt from stamp duty. Properties between $800,000 and $1,000,000 receive a concessional rate. This can save you tens of thousands of dollars.

Note that as of 2023, NSW also introduced the option to pay an annual property tax instead of upfront stamp duty on some properties. Your conveyancer can help you assess which option is better for your situation.

Understanding Your Mortgage and Settlement

If you're using a home loan to purchase your property (which most first home buyers do), your conveyancer plays a crucial role in coordinating with your lender. Here's what that looks like:

1. Finance condition – Your contract may include a finance condition giving you time (typically 14–21 days) to obtain formal loan approval. Your conveyancer tracks this deadline.
2. Mortgage documents – Your lender sends mortgage documents to your conveyancer (or directly to you) for signing before settlement.
3. Settlement coordination – Your conveyancer liaises with your lender's team to ensure funds are ready on the settlement date.
4. Electronic settlement (PEXA) – Most NSW settlements are now conducted electronically. On settlement day, your lender releases the funds, the vendor's mortgage is discharged, and title transfers – all within minutes, online.
5. Key handover – Once your conveyancer confirms settlement is complete, your real estate agent releases the keys.

Common First Home Buyer Mistakes to Avoid

• Not having your contract reviewed before signing – Even small conditions can have big financial consequences.
• Underestimating additional costs – Budget for stamp duty (if applicable), building and pest inspection fees, lenders mortgage insurance (LMI) if borrowing above 80%, moving costs, and connection fees.
• Choosing a conveyancer based on price alone – The cheapest option may miss critical issues. Look for experience and clear communication.
• Not getting a building and pest inspection – This is separate from conveyancing but equally important. Always inspect before you commit.
• Missing deadlines – Property transactions run on tight timelines. Finance approval, searches, and settlement all have hard deadlines. Your conveyancer manages these on your behalf.
• Assuming the vendor has disclosed everything – Vendors in NSW are required to attach certain documents to the contract, but they are not required to disclose everything. Searches fill in the gaps.

How Long Does Conveyancing Take?

For a standard residential purchase in NSW, the conveyancing process typically takes 4–6 weeks from exchange to settlement. This timeline can be affected by:

• How quickly finance is approved
• The agreed settlement date in your contract
• Whether any issues are identified in searches
• Bank processing times

Off-the-plan purchases operate on a different timeline – settlement occurs when construction is complete, which could be 12–36 months after exchange.