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Wills, estates and succession law in Australia

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Personal items or chattels in a deceased estate

20 Dec 2016 16 Jan 2021

Personal things can have great sentimental value, and depending what they are, maybe commercial value.

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Important Notice & Disclaimer

Articles on WillsHub are intended for general interest and information only.

Content is not legal advice nor should it be used as such. Everyone's situation is different. Always consult a legal practitioner (and/or other professional as appropriate) for advice specifically tailored to your needs and circumstances.

Please read the Terms of Use.

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Find a lawyer

Each State and Territory Law Society has a register of lawyers by practice type and location which can be searched online.

To find a legal practitioner providing legal services in wills and estates contact your state or territory's law society or search their Find a Lawyer Register. Alternatively call them and ask for a referral to a practitioner located near you.

Quick links

Executor services – where to find assistance
Probate Courts
Law Societies
Legislation
Public Trustees

Making a valid will

Making a valid will – what are the requirements?

Witnessing a will - who can & what is required?

Signing and execution of a will - same thing?

Signing the wrong will by mistake

Leaving an unsigned will - second thoughts or last words?

Updating a will to avoid unintended outcomes

About wills

What is a will?

Who can make a will?

Making a valid will.

Witnessing a will.

What can be given in a will?

Distribution per stirpes

Per stirpes and per capita describe two ways of distributing a deceased person's property to their descendants.

Distribution per capita

Per capita distribution is a method of distributing a deceased estate.

Meaning of “issue”

"Issue" is a legal term meaning all descendants, including children.

Codicil

A codicil is a short document added to a will in order to make a minor amendment but in all other respects everything else said in that will is confirmed to remain unchanged.

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Why have a will?

To ensure your property and things are distributed how you wish, when you die, it is essential to make a valid will.

While the law does not require you to consult a lawyer, it is a good idea to make a will all the same.

Co-owning property

How you own property with another person can affect who inherits it when you die.

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Succession law

Succession law contains the legal rules and principles regulating the transfer of a person’s property when they die to those entitled to inherit by their will or if no will by the statutory rules of intestacy.

Supreme Courts: Probate Registries

ACT Supreme Court – Probate
Queensland Wills & Probate
Supreme Court of NSW-Probate
Supreme Court of SA-Probate Registry
Supreme Court of the NT – Wills & Probate
Tasmania Supreme Court – Probate
Wills & Probate – Supreme Court of WA
Wills & Probate – Victoria

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Origins of wills

"Solon was the first legislator who introduced wills into Athens; but in many other parts of Greece they were totally discountenanced.

In Rome they were unknown, 'till the laws of the Twelve Tables were compiled, which first gave the right of bequeathing;"

Sir William Blackstone,
Commentaries on the Laws of England.

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Who can see the will of a deceased person & can you obtain a copy?
Issue and children in wills - say what you mean
Signing a will, having it witnessed - who can be a witness & what is required?
Renouncing or resigning from executorship and probate - when an executor does not wish to act
Personal items or chattels in a deceased estate
Tenancy & co-ownership: jointly owned or in common?

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Home made will – a good idea?
“Gift over” in a will to a substitute beneficiary
“My issue” – considering the meaning of “issue” in wills
Opposing or contesting a grant of probate – who can?

About wills

What is a will?
Who can make a will?
Making a valid will
Why make a will?
What can be given by will?
Dying intestate- no will left?
Witnessing a will
Storing a will

Wills & Intestacy Legislation

Succession Act 1981 (QLD)
Succession Act 2006 (NSW)
Wills Act 1936 (SA)
Wills Act 1968 (ACT)
Wills Act 1970 (WA)
Wills Act 1997 (VIC)
Wills Act 2000 (NT)
Wills Act 2008 (TAS)

Being an executor

For what is required of an executor see the Law Society of New South Wales's overview.

To find professionals who provide executor and trustee services including solicitors go here.

Find a lawyer and referral services

NSW –NSW Law Society
VIC – Law Institute Victoria
QLD – Queensland Law Society
SA – Law Society of SA
TAS – Law Society of Tasmania
WA – WA Law Society
NT – Legal Referral Service-NT Law Society
ACT – ACT Law Society
AUST – Society of Trust and Estate Practitioners (STEP)

Public Trustees

ACT Public Trustee
Northern Territory
NSW Trustee & Guardian
QLD Public Trustee
South Australia
Tasmania
Victoria
WA Public Trustee
Western Australia

Family Provision Statutes

Administration & Probate Act 1958 (VIC)
Family Provision Act (NT)
Family Provision Act 1969 (ACT)
Family Provision Act 1972 (WA)
Inheritance (Family Provision) Act 1972 (SA)
Succession Act 1981 (QLD)
Succession Act 2006 (NSW)
Testator's Family Maintenance Act 1912 (TAS)

Appointed Executor?

Appointed executor but don't wish to act? You can resign or renounce the role providing you have not intermeddled in the estate.

To do so you need to complete a court form (in most states/territories) which can be downloaded from the Probate Registry of the Supreme Court in your state or territory.

After completing the form you then lodge it in the Court. Note that Registry staff cannot give legal advice. If you need assistance consult a solicitor, find links here.

Supreme Courts: Probate Registries

ACT Supreme Court – Probate
Queensland Wills & Probate
Supreme Court of NSW-Probate
Supreme Court of SA-Probate Registry
Supreme Court of the NT – Wills & Probate
Tasmania Supreme Court – Probate
Wills & Probate – Supreme Court of WA
Wills & Probate – Victoria

Definitions

meaning of words in succession law, glossary of terms in Australian succession law,meaning of words in succession law,,wills and estates in Australia, information on succession law in Australia, probate, Australian inheritance laws

What is a codicil?

A codicil is a short document added to a will in order to make a minor change. But in all other respects, everything else said is confirmed to stay the same.

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Australian Courthouses

Deniliquin Courthouse, NSW

View the gallery of historic and colonial courthouses so far. And read short stories on selected courthouses.

Elder Abuse

QLD - Elder Abuse Prevention Unit
NSW - Elder Abuse Helpline
Seniors Rights Service
VIC - Seniors Rights Victoria
SA - Aged Rights Advocacy Service
TAS - Elder Abuse Helpline
WA - Elder Abuse Helpline
ACT - Elder Abuse Prevention
NT - COTA for Senior Territorians

Important Notice & Disclaimer

WillsHub is intended for general information and interest only on Australian succession and inheritance law. It is not legal advice nor should it be relied upon as such. Everyone's situation is unique despite any apparent similarities with others. Readers should seek their own professional advice specific to their circumstances and rely on that.

Please read the Terms of Use here.

About

WillsHub is an Australian law site on succession law in Australia, published by BHS Legal, an Australian incorporated legal practice. It seeks to draw together legal information on the law on wills, deceased estates, intestacy, family provision and estate administration - collectively known as succession or inheritance law.

Author

Articles are written by lawyer Bronwyn Stead, principal of BHS Legal, admitted in the Supreme Court of New South Wales and in the High Court of Australia, member of the NSW Law Society and The Tax Institute, and formerly a medical research scientist.

WillsHub.com.au has been selected for preservation by the National Library of Australia in the Trove Archive.

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