By Talk to a Lawyer · Published 19 September 2026 · 3 minute read
Estate planning looks beyond writing a will to how assets are owned, who controls them and what should happen if circumstances change. Trusts, companies, superannuation and jointly owned property can require coordinated advice. Start with a map of assets and decision-makers rather than assuming everything can be directed through a single document.
Read. Prepare. Find an office.
Use this guide to organise your questions, then confirm the provider’s experience, availability and first-stage fee.
Find estate planning & trusts providers →Map ownership and control separately
List assets, liabilities, entity names, trust deeds, company roles and existing nominations. Mark anything whose ownership or control you are unsure about. Explain family circumstances and obligations, including dependants and business partners. Ask the adviser which documents are needed to establish what the estate plan can control and which arrangements need separate attention.
Turn wishes into workable scenarios
Describe the outcomes you want if you die, lose decision-making capacity or a chosen person cannot act. Consider who should manage assets, who benefits and how conflicting needs would be addressed. A useful discussion tests your preferences against practical scenarios instead of selecting a trust simply because it sounds protective or tax efficient.
Coordinate drafting, financial advice and review
Ask which legal documents are proposed, why each is needed and what tax or financial advice should support them. Confirm signing, storage and communication arrangements. Agree what changes should trigger review, such as separation, a new child, a business sale or a trustee change. A plan needs implementation as well as a written recommendation.
Make a handover plan for the people who will act
An estate plan is easier to carry out when the chosen people can locate the documents and understand their roles. Prepare a secure record of document locations, entity contacts and advisers, without putting passwords or unnecessary sensitive details into widely shared papers. Ask which instructions belong in legal documents and which are practical guidance. Discuss how someone would identify a business, trust or overseas interest that is not obvious from personal bank accounts. Review the handover arrangements when the nominated people or ownership structures change.
Compare the scope and cost of advice
Begin by clarifying whose instructions the adviser will take and what role family members or other helpers will have. Compare a document service with advice about the wider arrangements. Planning, administration and a dispute require different work. Ask for accessible explanations of the proposed documents and decisions, and allow time for the person receiving advice to ask questions privately where appropriate.
- Planning or drafting
- Ask what information is needed, how wishes are checked, which documents are included and how signing, storage and later review will be arranged.
- Administration or use
- Confirm what authority must be established, which institutions or parties will be contacted and whether ongoing accounting, transfers or distributions are included.
- Concerns or disagreement
- Identify who is represented, whether interests conflict and what the initial assessment covers before authorising correspondence, investigation or proceedings.
Read the guide to consultation fees and written quotes, or use the provider comparison worksheet.
Illustrative situation · not a client result
What a focused enquiry looks like
A business owner wants children to benefit while a partner continues operating the company. They bring the company and trust documents as well as the will, allowing the advisers to distinguish ownership succession from day-to-day control.
Your preparation checklist
Gather what you already have. Mark missing records and uncertain dates rather than guessing; ask the office what it needs before sending sensitive documents.
0 of 4 gathered · ticks reset when you leave this page.
A preparation aid, not confirmation that a legal requirement is complete.
A first enquiry you can adapt
I want to review an estate plan involving [family, business, trust or other complexity]. I have [existing documents] and want [outcome]. Can you map what each document controls and explain the legal, tax and implementation work required?
Replace the bracketed details with accurate information. Keep the first message brief and confirm a secure channel for the full records.
Common questions about estate planning & trusts
Does a will control every asset?
Ask about each ownership structure and nomination. Assets held through other arrangements may need separate planning.
Is a trust automatically the best option?
Ask the adviser to explain its purpose, ongoing administration, costs and alternatives for your circumstances.
Further reading and scope
Moneysmart: wills and powers of attorney
Australia; general planning information. Legal documents depend on jurisdiction and circumstances.
This is general preparation information, not an assessment of your legal position. Requirements, dates and available remedies depend on the facts and jurisdiction. The linked resource has the scope described above; it does not verify an individual provider or this guide.