Hiring the best Wills and Estates Lawyer in your locality requires research, due diligence, and clear understanding of your needs. Here’s a comprehensive step-by-step guide:
1. Determine Your Needs: Understand the specifics of what you need. Are you drafting a will, setting up a trust, or probating an estate? Different lawyers might specialize in different areas.
2. Ask for Recommendations:
* Friends and Family: Personal recommendations can be valuable. People you trust might have firsthand experience with certain lawyers.
* Professionals: Accountants, financial advisors, and other lawyers might know the top estates lawyers in your area.
3. Local Bar Association: Most local or state bar associations offer lawyer referral services, which can provide a list of lawyers with expertise in wills and estates.
4. Online Directories and Reviews:
* Websites like Avvo, Martindale-Hubbell, and Super Lawyers list lawyers by practice area and often include reviews.
* Consider looking at Google Reviews, but be cautious as they can be less specialized.
5. Initial Consultation:
* Most lawyers offer free or low-cost initial consultations. Prepare a list of questions to ask, such as their experience, fees, and approach.
* During the consultation, determine if you’re comfortable with their communication style, attitude, and the clarity of their explanations.
6. Check Their Experience:
* Ensure they specialize in wills and estates.
* Ask about their years of experience and if they have handled cases or situations similar to yours.
7. Review Fee Structures:
* Understand if they charge a flat fee, hourly rate, or a percentage of the estate.
* Ask for an estimate of the total costs and if there are any other potential charges.
8. Check Their Reputation:
* Look for any disciplinary actions against them. In the U.S., for instance, this can often be done through your state’s bar association website.
* Client testimonials and reviews can provide insight into their professional behavior and success rate.
9. Accessibility and Communication:
* Determine if the lawyer will be readily accessible to answer questions or if you’ll be primarily dealing with paralegals or assistants.
* Understand their preferred method of communication and how often they’ll update you.
10. Trust Your Instincts: It’s important to feel comfortable and have trust in the lawyer you choose. If something feels off or if you believe the lawyer isn’t a good fit, consider looking elsewhere.
11. Get Everything in Writing: Once you’ve chosen a lawyer, ensure the agreement, fees, and scope of work are all clearly laid out in a written agreement.
12. Stay Engaged: Even after hiring a lawyer, remain engaged in the process. Make sure you understand every step, and don’t be afraid to ask questions or seek clarifications.
Remember, the best lawyer isn’t always about prestige or cost. It’s about finding someone who fits your needs, communicates well with you, and has a proven track record in the area of wills and estates.

A Wills and Estates Lawyer, often referred to as an estate planning lawyer or probate lawyer, specializes in assisting clients with creating and implementing legal documents that dictate how their assets and property will be managed and distributed after their death. They can also help clients navigate the legal processes that occur after a person passes away.
Here’s what a Wills and Estates Lawyer typically does:
1. Drafting Wills: They assist clients in creating a will, which is a legal document that outlines how a person’s assets and property will be distributed upon their death.
2. Establishing Trusts: A trust is a legal entity that holds assets for the benefit of certain other persons or entities. An estates lawyer can help establish different types of trusts to achieve various objectives, such as avoiding probate or reducing estate taxes.
3. Probate: This is the legal process where a deceased person’s will is validated, debts are paid, and assets are distributed according to the will. A Wills and Estates Lawyer can guide executors (or administrators, if there’s no will) through the complex probate process.
4. Drafting Living Wills and Healthcare Directives: These documents specify what actions should be taken for a person’s health if they are no longer able to make decisions due to illness or incapacity.
5. Power of Attorney (POA): The lawyer can draft a POA that gives someone else the authority to act on behalf of the client in case they become incapacitated.
6. Guardianship: If a person becomes incapacitated and doesn’t have a POA, a Wills and Estates Lawyer can help family members or others establish guardianship to make decisions on behalf of the incapacitated individual.
7. Estate Taxes: Assist in planning strategies to minimize estate taxes, and guide the executors on how to report to the IRS and state taxing authorities upon one’s death.
8. Asset Protection: Advise on strategies to protect assets from potential creditors or litigants.
9. Estate Litigation: Represent clients in disputes over wills, trusts, or estates, which might include challenging or defending the validity of a will, trust interpretation issues, or breaches of fiduciary duty.
10. Advising on Charitable Giving: For those interested in leaving a legacy through charitable donations, an estates lawyer can provide guidance on how to best structure such gifts, potentially via charitable trusts or foundations.
In essence, a Wills and Estates Lawyer helps individuals and families plan for the management and disposition of assets during life and after death while also providing assistance and representation during the legal processes that may follow a person’s passing.

A Wills and Estates Lawyer, by virtue of their specialized training and experience, can assist with a wide variety of tasks related to estate planning, wills, trusts, probate, and more. Here’s a breakdown of the typical jobs or tasks they can help with:
1. Drafting and Revising Wills: They assist in creating a will that outlines how assets and property will be distributed upon death, and can update it as necessary due to life changes.
2. Creating Living Trusts: Drafting documents to establish living trusts that allow assets to bypass probate and be directly transferred to beneficiaries.
3. Probate Proceedings: Guiding the executor or administrator of an estate through the legal process of validating a will, paying off debts, and distributing assets.
4. Estate Administration: Assisting with the non-probate transfer of assets, fulfilling the decedent’s wishes, and managing the estate’s financial affairs.
5. Drafting Living Wills & Healthcare Directives: Preparing documents that provide instructions for medical treatment and end-of-life care if someone becomes incapacitated.
6. Establishing Power of Attorney (POA): Crafting legal documents that grant an individual the authority to make decisions (financial, medical, etc.) on behalf of another person.
7. Creating Special Needs Trusts: Assisting families in setting up trusts for family members with disabilities to ensure they’re cared for without jeopardizing government benefits.
8. Estate Tax Planning: Advising on strategies and structures to minimize or avoid estate and inheritance taxes.
9. Guardianship Proceedings: Representing and guiding clients through the process of obtaining legal guardianship over minors or incapacitated adults.
10. Asset Protection: Creating strategies to shield assets from potential creditors or lawsuits.
11. Business Succession Planning: Helping business owners plan for the eventual transfer of their business interests to ensure continuity.
12. Charitable Giving and Foundations: Advising on structuring gifts, endowments, or setting up charitable foundations.
13. Trust Administration: Assisting trustees in managing and distributing assets held in trust, adhering to the trust’s terms and legal obligations.
14. Trust & Will Contests: Representing clients in disputes over the validity or interpretation of wills and trusts, or over how they’re being administered.
15. Elder Law: Advising on issues specifically affecting older clients, like Medicaid planning, long-term care planning, or issues related to assisted living.
16. Conservatorships: Assisting in setting up a legal arrangement where a responsible adult manages the personal and/or financial affairs of another adult who’s incapable of doing it themselves.
17. Digital Assets: Providing advice on how to manage and bequeath digital properties like online accounts, social media profiles, and digital currencies.
It’s important to note that while many Wills and Estates Lawyers can handle a broad range of the tasks listed above, some might specialize in particular areas, so it’s essential to choose a lawyer who’s well-suited to the specific needs of the individual or family seeking legal assistance.

The cost of hiring a Wills and Estates Lawyer in Australia can vary based on several factors, including the complexity of the work, the lawyer’s experience, location, and the specific legal tasks required. As of my last update in September 2021, here’s a general overview of what you might expect:
1. Simple Will:
– For an individual: AUD $200 – $800
– For a couple (mirror wills): AUD $300 – $1,200
2. Complex Will (including testamentary trusts, multiple beneficiaries, etc.):
– Typically starting from AUD $1,000 and can go up to several thousand dollars, depending on the complexity.
3. Power of Attorney & Enduring Guardianship:
– AUD $200 – $600 each, but often offered at a reduced rate if done in conjunction with a will.
4. Living Wills or Advance Healthcare Directives:
– AUD $200 – $500
5. Probate:
– Application fees can vary, but legal fees for assisting with the probate process typically start from AUD $2,500 to $5,000 for uncontested matters. Contested probates or complex estates can be much more expensive.
6. Estate Administration:
– Legal fees can range from AUD $3,000 to $10,000 or more, depending on the size and complexity of the estate.
7. Trusts (like Family or Testamentary Trusts):
– Setting up can range from AUD $1,000 to $5,000 or more, depending on the type and intricacies of the trust.
8. Estate Litigation:
– The costs can vary widely, depending on the length and complexity of the litigation. It can range from AUD $5,000 to $50,000 or even more in particularly contentious or prolonged cases.
9. Hourly Rates:
– Junior lawyers or associates might charge anywhere from AUD $200 to $400 per hour.
– Senior lawyers or partners could charge from AUD $300 to $700 or more per hour.
10. Fixed Fees:
– Some lawyers offer fixed fee services, especially for straightforward tasks like drafting a simple will. It’s always good to ask if this option is available.
Always remember to:
– Get a Quote: Before engaging a lawyer, get a clear written quote or fee agreement so you know what to expect.
– Ask About Disbursements: Apart from legal fees, there may be other costs such as filing fees, postage, and other disbursements.
– Check for Package Deals: Some firms offer package deals for drafting multiple documents at once (e.g., a will, power of attorney, and enduring guardianship).
Please note that these are general estimates, and prices can change based on market conditions, individual law firms’ pricing strategies, and updates in the legal landscape. It’s crucial to consult directly with law firms or legal practitioners in Australia for current pricing.

When you’re considering hiring a Wills and Estates Lawyer, it’s crucial to gather as much information as possible to ensure they’re the right fit for your needs. Here’s a list of questions you might consider asking during your initial consultation or interview:
1. Experience and Specialization:
– How long have you practiced in the area of wills and estates?
– What percentage of your practice is dedicated to wills and estates?
– Have you handled cases or situations similar to mine?
2. Understanding Your Needs:
– Based on my situation, what estate planning tools or strategies would you recommend?
– Are there any potential issues or complexities you see in my situation?
3. Process and Timeline:
– What is the process for drafting a will or trust, and how long does it typically take?
– If it’s about estate administration or probate, what are the steps, and what’s the expected timeline?
4. Fees and Costs:
– How do you structure your fees? (e.g., flat fee, hourly, percentage of the estate)
– Are there any additional costs or disbursements I should be aware of?
– Can you provide a written estimate or fee agreement?
5. Communication:
– How often will we communicate, and what method do you prefer (e.g., email, phone)?
– Will I be working directly with you, or will other members of your firm be involved?
6. Previous Work and References:
– Can you provide references or testimonials from past clients?
– Have you published articles, given talks, or held workshops on estate planning?
7. Updating Documents:
– How often should I review and update my will or estate plan?
– What’s the process and cost for making updates or changes in the future?
8. Potential Challenges:
– Are there any potential challenges or pitfalls I should be aware of?
– How do you handle disputes or challenges to wills or trusts?
9. Estate Tax Planning:
– Can you advise on strategies to minimize potential estate taxes or other duties?
10. Digital Assets:
– How do you handle digital assets like online accounts, digital currencies, or social media profiles in estate planning?
11. Guardianship and Medical Directives:
– Can you assist with setting up guardianship for my children?
– How do you approach medical directives or advance healthcare directives?
12. Probate:
– Do you provide services for probate? If so, what’s the process, and how are fees structured?
13. Professional Affiliations:
– Are you a member of any professional associations or organizations related to wills and estates?
14. Conflict of Interest:
– Do you see any potential conflicts of interest in representing me?
These questions aim to help you get a comprehensive understanding of the lawyer’s expertise, approach, and whether they’re the right fit for your specific needs. Always trust your instincts and ensure you’re comfortable with your choice.