what is a wills and estate lawyer?
As a wills and estate lawyer, you specialise in wills and estate planning. You handle end-of-life affairs, help clients set up trusts, and create wills and powers of attorney forms. When your client has passed away, you administer the estate and organise the transfer of assets to their heirs or beneficiaries. The role requires extensive knowledge of estate planning and current laws related to business succession to ensure the documents created are considered valid.
Estate planning is an evolving process, and as the lawyer, you update the estate plan as circumstances change in your client's life. For instance, there may be a change in family assets, buying or selling of a business, marriage or divorce, and establishing testamentary trusts. While your clients can draft a will without your help, it is imperative that you ensure it meets the legislative requirements and is formally executed.
Aside from knowledge of wills and estate planning, you need to understand tax laws. Changes to taxation levels, insurance policies, and superannuation affect the value of assets.
view rolesaverage wills and estate lawyer salary
The average remuneration package of a wills and estate lawyer in Australia is $150,000 per year. When you are new to the role, you start with a salary of $110,000 annually. The most experienced wills and estate lawyers in Australia take home a salary of $175,000 per year.
what factors affect the salary of a wills and estate lawyer?
As a wills and estate lawyer, your earnings depend on the company you work for and the size of the estate you handle. When you work for a large law firm, you are likely to handle significant estate planning and prepare wills for clients with substantial assets. The responsibilities involved in preparing wills in large estates increase your remuneration prospects. Working in smaller law firms lowers your salary expectations due to the limited resources available. Besides, you handle fewer clients in small law firms.
Metro areas and large cities have a high demand for estate lawyers, which increases your remuneration prospects. When you work in metro areas, you earn more due to the high demand, which raises the salary range. Working in areas with a low demand for wills and estate lawyers lowers your earning potential.
Want to know what you will earn as a wills and estate lawyer? Check out what you are worth with our salary checker.
types of wills and estate lawyers
Wills and estate lawyers are trained to handle different aspects of estate planning and succession. As a wills and estate lawyer, you offer legal advice on wills preparation. You help clients write wills that determine the property division and how their beneficiaries and loved ones will be provided for. In preparation for advance care directives, you ensure your client’s wishes are considered in health and end-of-life decisions when they lose the capacity to make the decisions.
As a wills and estate lawyer, you are also in charge of probate and estate administration. You work with the executor to ensure estate matters are handled quickly. Some estate lawyers specialise in estate litigation or will disputes and represent clients who have been unfairly left out in the will.
working as a wills and estate lawyer
If you want to become a wills and estate lawyer, read on to discover the specific duties, responsibilities and work environments of estate lawyers.
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wills and estate lawyer job description
Some of the duties and responsibilities of wills and estate lawyers include:
- drafting wills: as a wills and estate lawyer, you prepare the legal documents required for estate planning. You listen to the wishes of your client and create a will that shows how they would like their assets distributed. The will details how the client wants to distribute money, shares, investments and property. Aside from a will, you also write a state of wishes to leave instructions on your funeral and how to distribute sentimental belongings.
- advising on estate planning: as a wills and estate lawyer, you help your client accomplish their estate goals. You advise your client on how to maximise the benefits of trusts and wills and minimise taxes on the estate during estate transfer. If your client has a business, you develop a plan and provide legal advice on continuing business operations after their death.
- preparing advanced healthcare directives: as a wills and estate lawyer, you discuss advanced healthcare directives for your client and draft a power of attorney on their behalf. Your job is to explain the legal implications of a power of attorney and advance healthcare directive before they sign it.
- assisting executors: as a wills and estate lawyer, you work with executors to distribute property and wrap up all affairs of the deceased client. You advise the executor on the estate taxes, outstanding debts and bills, and the sale of personal property to settle debts. Since your client chooses the executor, they may not have legal knowledge of estate planning. You work with the executors to ensure your client's final wishes are fulfilled.
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work environment
Wills and estate planning lawyers work in law firms. However, you represent clients in various occupations, and you occasionally visit them at their private residences. If your client lives in aged care homes, mining communities or military settings, you travel to their location to help them prepare their estates. When you work in a law firm, you spend significant time at the office drafting documents and reviewing estate plans. As a wills and estate lawyer, you can work remotely or in hybrid work settings.
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who are your colleagues?
Depending on your employer and the industry you work in, your colleagues might include family lawyers, legal counsel and case managers. You might also be working in close proximity to financial accountants and financial planners, as well as other specialists that could include, but not be limited to, mortgage advisors, care home managers and personal care assistants.
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work schedule
As a wills and estate lawyer, you work traditional business hours in a full-time position. While you mainly work Monday to Friday from 9 am and 5 pm, you sometimes work evenings or weekends to accommodate your clients' schedules. When you work as a wills and estate lawyer part-time, you work half-days or a few hours a week.
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job outlook
Wills and estate lawyers start their careers providing legal advice to clients as general lawyers. When you specialise in estate planning, you require extensive knowledge of succession laws and preparation of legally binding succession documents. Your knowledge of taxation and financial planning is useful in other careers, and you can easily become a tax advisor for executors. When you have many years of experience practising estate planning, you can open a private practice.
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advantages of finding a wills and estate lawyer job through randstad
Finding your wills and estate lawyer job through Randstad provides important advantages such as:
- a wide variety of training and development opportunities
- an experienced contact person to provide help if needed
- a range of opportunities in your area
- get paid weekly or monthly, depending on the job
- temporary and permanent contracts
Want a permanent contract? A temporary job as a wills and estate lawyer is often a stepping stone to an attractive permanent job. Thousands of people earn a permanent contract every year with great employers thanks to a temporary job found through Randstad. What's more, many companies recruit their permanent employees through Randstad too.
education and skills
To work as a wills and estate lawyer in Australia, you require a law degree. Pursue a Bachelor of Law or join a postgraduate qualification like Juris Doctor if you have an undergraduate degree. When you complete your university degree, pursue a Practical Legal Training (PLT) course, which takes three months for full-time or eight months for part-time studies. Alternatively, get a Graduate Diploma in Legal Practice (GDLP) to qualify for admission to the state bar in your territory or state.
Admission to the state bar earns you a Practising Certificate, which you will use to work under the supervision of an experienced lawyer for 24 months. It is advisable to work in a law firm with a wills and estate planning department to gain relevant experience. You should also consider joining the Australian Bar Association for professional development.
wills and estate lawyer skills and competencies
Some of the skills and qualities of wills and estate lawyers include:
- legal knowledge: as a wills and estate lawyer, you require knowledge of succession and estate planning laws. You should also be familiar with tax laws in your client's state or territory to handle estate taxes. Having legal knowledge helps you provide comprehensive services and good legal advice on various issues.
- teamwork: as a wills and estate lawyer, you collaborate with various professionals when preparing the will or executing your client's wishes. Your teamwork skills help you collaborate with finance professionals and insurance specialists for successful estate planning.
- analytical thinking: as a wills and estate lawyer, you handle complicated situations associated with estate planning. Having critical thinking skills helps you resolve problems and minimise legal disputes.
- organisational skills: as a wills and estate lawyer, you work with numerous clients on their estate planning and wills. You require good organisational skills to handle the workload of each client and manage your time effectively.
FAQs about working as a wills and estate lawyer
Here, you will find the answers to the most frequently asked questions about the profession of a wills and estate lawyer.
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how does a wills and estate work?
A will is a legal document prepared when a person is still alive, and it gives instructions on the distribution of their properties and possessions. When the person dies, the executor applies for probate and transfers or sells assets according to the will.
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how much does a wills and estate lawyer earn in Australia?
As a wills and estate lawyer, you earn a salary of $150,000 per year. Your remuneration fluctuates based on your experience and other factors. In an entry-level position, you start with a salary of $110,000 per year. However, with experience, you earn a higher salary of up to $175,000 annually.
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do I need a wills and estate lawyer to make a will in Australia?
Anyone over 18 years old and of sound mind can write their will without a lawyer. However, if you have an extensive estate, engaging the services of a wills and estate lawyer prevents legal disputes.
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who keeps the original will in Australia?
The wills and estate lawyer who represented the client keeps the will. However, it can also be kept at the Public Trust Office or with the personal documents of the deceased.
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what does an estate lawyer do?
As an estate lawyer, you represent your client in estate disputes and assist in estate planning. You provide legal advice on taxes and issues related to estate planning.
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how do I apply for a wills and estate lawyer vacancy?
Applying for a wills and estate lawyer job is easy: create a Randstad profile and search our job offers for vacancies in your area. Then send us your CV and cover letter. Need help with your application? Check out all our job search tips here.