WillsHub is about Australian succession (inheritance) law. It aspires to draw together legal knowledge and insights on the law on wills, no will (intestacy), family provision, and estate administration. The aim is to help understanding and demystify the law. Published by BHS Legal.

Taxation of a deceased estate

Tax is always an issue – both when making a will and for afterwards. The death of a loved one is hard enough dealing with the loss. But life goes on and finalising their affairs has to be done. This includes their tax affairs.  With working through the tax affairs the Australian Taxation Office (ATO) has information on what to do when someone dies and who can represent their deceased estate.

Will-making >>

Why make a will?

valid will, making a valid will, what is a valid will,

Make a will to state your wishes on who you want to inherit your property and things when you die.

Provide for your pets by will

pets, cats, wills, provision for pets

Record arrangements for the care and provision of your beloved pet in your will.

Signing a will & witnesses

wills and deceased estates, example of will signing

The legal formalities to make a valid will require the will-maker to sign their will in the presence of at least two people as witnesses.


To make a minor change to a will, basically one clause use a short additional document; a codicil. For anything more make a new will.


wills and deceased estates,

Tenancy affects who inherits on death of an owner. The are two types of tenancy.

Meaning of issue

issue, children, grandchildren, offspring

“Issue” is a legal term meaning all descendants including children.  Care is needed in its use.

Estate administration >>

Renouncing probate

Coat of Arms Supreme Court of NSW, courthouses, Australian courthouse, wills and deceased estates

There is no requirement that an executor must accept the executorship role.

Missing original will

Coat of Arms on the Parkes Courthouse, New South Wales and missing wills.
Can a copy will be used?

If the original will document is missing, lost or cannot be found, can a copy be used?

Opposing probate

wills and deceased estates, probate,

Opposing a grant of probate is restricted to certain categories of people.

Finding beneficiaries

wills and deceased estates, beneficiaries overseas, missing beneficiaries,

Locating distant relatives to finale the estate.

Viewing the deceased’s will

Probate courts, Supreme Court of South Australia

Under the law some people are entitled to inspect the will of a deceased person.

Finding missing wills

lost original will, missing will, wills and deceased estates

A missing original will – what next?

Estate disputes >>

Costs in will contests

wills and deceased estates, costs of challenging a will,

In family provision claims costs are not always ordered from the estate.

Meaning of stepchild

Dunolly Courthouse, Dunolly, Victoria, colonial Australian courthouses,

Is a stepchild eligible to contest a step-parent’s will?

Time limits to contest a will

wills and deceased estates, time limits to contest a will,

Strict time limits apply to apply for family provision.

No will left – intestacy

Dying intestate

intestate, no will, will-making, make a will

No valid will left. Who is entitled to inherit?

No will was left

succession law, wills and estates, estate administration, intestacy, dying without a will

Dying without leaving a valid will means you the legal rules on intestacy apply to who inherits.

Intestacy rules

when no will is left, the law on intestacy, dying without a will, dying intestate

When someone dies without leaving a legally valid will (or testament) they are said to die intestate. Their estate is then administered and distributed according to the law on intestacy.


Historical Australian Courthouses – a gallery in progress

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