How can I choose the right estate planning lawyer?

6 February 2026
How can I choose the right estate planning lawyer?

Planning for what happens to your assets, your family, and your legacy after you’re gone isn’t easy. It’s personal, sometimes confronting, and if we’re honest, it’s something most of us put off longer than we should. But the decisions you make now, or don’t make, can have lasting consequences for the people you care about most.

Choosing the right estate planning lawyers is one of the most important steps in that process. The wrong lawyer might miss critical details, use a one-size-fits-all template, or leave your family dealing with confusion and conflict down the track. The right one, on the other hand, will listen to your concerns, tailor your plan to your unique situation, and give you genuine peace of mind.

At Littlejohn Legal, we’ve helped countless families in Melbourne and surrounding suburbs protect what matters most. With over 30 years of experience and a team led by Principal David Littlejohn, who holds a strong track record in family law, property law, and estate planning, we understand that this isn’t just about legal documents. It’s about your family, your wishes, and your future.

In this guide, we’ll walk you through what estate planning involves, why your choice of lawyer matters, and how to find someone who’s experienced, trustworthy, and genuinely committed to looking after you.

Understanding What Estate Planning Involves

Estate planning isn’t just about writing a will, though that’s certainly part of it. It’s a broader process that covers how your assets and responsibilities will be managed and distributed if something happens to you, whether that’s your death or a situation where you’re no longer able to make decisions for yourself.

An effective estate plan typically includes:

  • A will that outlines who gets what and who’ll look after any minor children

  • Powers of attorney (both financial and medical) so someone you trust can make decisions on your behalf if you can’t

  • Trusts to protect assets, manage tax implications, or provide for beneficiaries in specific ways

  • Estate administration guidance to help your executors and family navigate probate and other legal processes

  • Superannuation and life insurance nominations to make sure those funds go where you intend

Estate planning also involves thinking through potential complications: blended families, estranged relatives, business ownership, or property held in different states or countries. It’s about anticipating issues before they become problems.

Because every family is different, there’s no standard template that works for everyone. That’s why you need a lawyer who understands the nuances of estate law and can tailor a plan that reflects your specific circumstances and goals.

Why Choosing the Right Estate Planning Lawyer Matters

Getting estate planning wrong can lead to confusion, conflict, and costly legal disputes for your loved ones. We’ve seen families torn apart over poorly drafted wills, estates that took years to settle because of unclear instructions, and assets that ended up in the wrong hands because of simple oversights.

The right estate planning lawyer doesn’t just tick boxes or churn out generic documents. They take the time to understand your family dynamics, your financial situation, and your long-term goals. They’ll flag potential problems you might not have thought of and help you make informed decisions that protect your family’s interests.

You also want someone who stays current with changes in estate law, superannuation rules, and tax legislation. Laws change, and what worked five or ten years ago might not be the best approach today. An experienced lawyer will keep your plan up to date and make sure it continues to reflect your wishes.

And let’s be honest, estate planning involves some sensitive conversations. You need a lawyer who listens, who’s empathetic, and who doesn’t make you feel rushed or judged. At Littlejohn Legal, we pride ourselves on our approachable, down-to-earth style. We want you to feel comfortable asking questions and confident that we’ve got your back.

Key Qualities to Look for in an Estate Planning Lawyer

Experience and Specialisation in Estate Law

Not all lawyers are created equal. Some focus on criminal defense, others on commercial contracts and related matters. While many general practitioners can draft a basic will, estate planning, especially if your situation involves trusts, business assets, or blended families, requires specific expertise.

Look for a lawyer who regularly works in estate planning, wills, probate, and estate administration. Ask how long they’ve been practicing in this area and how many estate plans they’ve handled. At Littlejohn Legal, our team has been advising Melbourne families for over three decades. Principal David Littlejohn was admitted to practice in 2000 and brings experience from his time as a barrister and across multiple areas of law, including family and property matters that often intersect with estate planning.

Experience matters because it means your lawyer has seen a range of scenarios. They’ll know how to structure your estate to minimize tax, avoid disputes, and ensure your wishes are legally sound and enforceable.

Strong Communication and Compassionate Approach

Estate planning isn’t just technical, it’s deeply personal. You’re talking about your family, your assets, and what happens when you’re no longer around. That requires a lawyer who can explain complex legal concepts in plain language and who genuinely cares about your concerns.

Watch for lawyers who take the time to listen, who ask thoughtful questions, and who don’t rush you through the process. You should feel heard and understood, not like just another file on the desk.

At Littlejohn Legal, we’ve built our reputation on being approachable and client-focused. We don’t use confusing jargon or make you feel like you’re bothering us with questions. We want you to walk away feeling confident and informed.

Transparent Fee Structure and Billing Practices

Nobody likes surprise bills. Before you hire an estate planning lawyer, make sure you understand how they charge: is it a flat fee, hourly rate, or a combination? What’s included in that fee, and what might cost extra?

A good lawyer will give you a clear, upfront estimate and explain any circumstances that might change the cost (for example, if your estate involves overseas assets or complex trusts). They should also provide regular updates if you’re being billed hourly, so you’re never caught off guard.

Transparency around fees is a sign of professionalism and respect. If a lawyer is vague or reluctant to discuss costs, that’s a red flag.

Essential Questions to Ask Before Hiring

When you’re meeting with a potential estate planning lawyer, come prepared with questions. This is your chance to get a feel for their experience, their approach, and whether they’re the right fit for you.

What Information Will You Need From Me?

A good lawyer will ask for details about your assets, debts, family situation, and any existing estate planning documents. This helps them understand your situation and create a plan that covers everything.

If a lawyer doesn’t ask many questions or seems to rush through this part, that’s a warning sign. Estate planning requires thorough information-gathering to be effective.

How Will You Tailor My Estate Plan to My Unique Situation?

You want to know that your lawyer isn’t just pulling a template off the shelf. Ask them how they’ll customise your will, trusts, and powers of attorney to suit your specific needs.

At Littlejohn Legal, we start every estate planning engagement by listening to your story. Whether you’re a business owner, part of a blended family, or planning for a loved one with special needs, we tailor our advice to fit your circumstances, not the other way around.

What Is Your Process for Updates and Reviews?

Your estate plan isn’t a “set and forget” document. Life changes, you might have more children, get divorced, buy property, or start a business. Your estate plan should evolve with you.

Ask how often the lawyer recommends reviewing your plan and what the process looks like for making updates. Some firms offer periodic review services: others expect you to reach out when something changes.

We recommend reviewing your estate plan every few years or after major life events. At Littlejohn Legal, we’re always here to help you keep things current.

Where to Find and Research Qualified Estate Planning Lawyers

Using Professional Legal Directories and Bar Associations

Start by checking reputable legal directories and professional associations. In Australia, the Law Institute of Victoria and local bar associations maintain directories of qualified lawyers, often with information about their practice areas and experience.

These directories can help you narrow down your search to lawyers who specialize in estate planning and are licensed to practice in your state.

Reading Client Reviews and Testimonials

Online reviews and testimonials can give you insight into what it’s like to work with a particular lawyer. Look for comments about communication style, professionalism, and whether clients felt their needs were met.

Keep in mind that no firm will have 100% perfect reviews, what matters is how they respond to concerns and whether the overall feedback is positive.

At Littlejohn Legal, we’re proud of the trust our clients place in us. Many of our clients come to us through referrals from family and friends, which speaks to the relationships we’ve built over the years.

You can also ask for recommendations from your accountant, financial planner, or friends who’ve been through the estate planning process. Personal referrals are often a great way to find a lawyer who’s reliable and easy to work with.

Preparing for Your Initial Consultation

Once you’ve shortlisted a few lawyers, book an initial consultation. Many firms, including Littlejohn Legal, offer an introductory meeting so you can get to know each other before committing.

Here’s how to make the most of that meeting:

  • Bring relevant documents: Copies of any existing wills, trusts, powers of attorney, property titles, superannuation statements, and information about your debts and assets.

  • Make a list of your goals: Think about what you want your estate plan to achieve. Who do you want to benefit? Are there particular people or organizations you want to provide for? Do you have concerns about family disputes or tax implications?

  • Write down your questions: Bring the questions we discussed earlier, plus any others that are specific to your situation.

  • Be honest and open: The more your lawyer knows about your circumstances, the better they can help you. Don’t hold back important details because you’re worried about judgment, good lawyers have seen it all and are there to support you, not criticise.

Pay attention during the consultation to how the lawyer makes you feel. Are they patient and attentive? Do they explain things clearly? Do you feel comfortable discussing sensitive topics with them?

Trust your gut. If something feels off, it’s okay to keep looking.

Red Flags to Watch Out For

Not every lawyer is the right fit, and some warning signs should make you think twice:

  • Vague or evasive answers: If a lawyer can’t, or won’t, explain their process, fees, or qualifications clearly, that’s a problem.

  • Pressure tactics: You should never feel rushed or pressured into signing documents or paying large upfront fees before you’re ready.

  • One-size-fits-all approach: If the lawyer seems to be using a generic template without asking many questions about your situation, they’re probably not giving you the personalized service you need.

  • Poor communication: If it takes days to get a callback or emails go unanswered, that’s a sign of how they’ll treat you as a client.

  • Unwillingness to provide references or credentials: A reputable lawyer should be happy to share their qualifications, experience, and even client testimonials if available.

At Littlejohn Legal, we believe in transparency, clear communication, and putting our clients first. If you’re not sure whether we’re the right fit, we’re happy to talk through your concerns and help you make an well-informed choice.

Conclusion

Choosing the right estate planning lawyer is about more than ticking a box or finding the cheapest option. It’s about finding someone with the experience, the empathy, and the commitment to help you protect what matters most.

Look for a lawyer who specializes in estate planning, who takes the time to understand your unique situation, and who communicates clearly and honestly. Ask the right questions, do your research, and trust your instincts.

At Littlejohn Legal, we’ve spent over 30 years helping Melbourne families plan for the future with confidence. Led by Principal David Littlejohn, a lawyer with deep experience across family law, property law, and estate planning, our team is here to provide expert advice in a friendly, down-to-earth way.

We know that estate planning can feel overwhelming, but it doesn’t have to be. If you’re ready to take the next step, we’d love to have a conversation. Reach out to us for a consultation, and let’s work together to create an estate plan that reflects your wishes and gives you peace of mind.

Because when it comes to protecting your family and your legacy, you deserve a lawyer who genuinely cares.

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Frequently Asked Questions

How can I choose the right estate planning lawyer for my needs?

Look for a lawyer who specialises in estate planning with proven experience, communicates clearly in plain language, offers transparent fee structures, and takes time to understand your unique family dynamics and financial situation rather than using generic templates.

What should be included in a comprehensive estate plan?

An effective estate plan includes a will, powers of attorney for financial and medical decisions, trusts for asset protection, estate administration guidance, and superannuation and life insurance nominations to ensure your assets are distributed according to your wishes.

What questions should I ask an estate planning lawyer during a consultation?

Ask about their experience in estate law, what information they need from you, how they’ll tailor your plan to your situation, their process for updates and reviews, and request a clear explanation of their fee structure and billing practices.

How often should I update my estate plan?

You should review your estate plan every few years or after major life events such as marriage, divorce, having children, buying property, starting a business, or significant changes in your financial situation to ensure it reflects your current wishes.

What are the risks of using a template will instead of hiring an estate planning lawyer?

Template wills often miss critical details specific to your situation, may not account for blended families or complex assets, can create ambiguities leading to family disputes, and may not comply with current laws, potentially invalidating your wishes.

Can an estate planning lawyer help minimise taxes on my estate?

Yes, experienced estate planning lawyers can structure your estate using trusts and strategic asset distribution to minimise tax implications, ensure superannuation is directed appropriately, and help preserve more wealth for your intended beneficiaries.

Related resources:

Wills, estates and powers of attorney

What Documents Are Essential for Effective Estate Planning

Property and Real estate Legal Solutions

What is the cost to create a Will and should I make one?

Inheritance and Estate Dispute Lawyers Melbourne

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