Wills and Estates in Australia

Wills and estates law governs how a person's assets, debts, and personal wishes are managed both during their lifetime and after their death. It encompasses the drafting of legally valid wills, the establishment of trusts, the appointment of attorneys and guardians through enduring powers of attorney, and the administration of deceased estates through the probate process. Whether you are planning for the future or dealing with the loss of a loved one, understanding your legal rights and obligations in this area is essential to protecting what matters most.

Engaging an experienced wills and estates lawyer is one of the most important steps you can take to safeguard your family's future. A poorly drafted will, or the absence of one altogether, can expose your estate to costly disputes, unintended tax consequences, and outcomes that bear no resemblance to your wishes. Lawyers in this field can ensure your documents are executed correctly, your beneficiaries are properly identified, and your estate plan accounts for complex circumstances such as blended families, business interests, and assets held overseas.

Time can be a critical factor in wills and estates matters. Strict limitation periods apply to contesting a will or making a family provision claim, and these deadlines vary between states and territories. In some jurisdictions, an eligible person may have as little as six months from the date probate is granted to commence proceedings. Acting promptly after the death of a loved one — or upon discovering you may have been unfairly excluded from an estate — can mean the difference between a successful claim and losing your rights entirely.

Go To Court Lawyers operates one of Australia's largest legal networks, with more than 800 lawyers practising across every state and territory. Our wills and estates team is available around the clock through our 24/7 legal hotline, so you can get advice when you need it most — whether you are planning ahead or facing an urgent estate matter. With offices in metropolitan and regional centres nationwide, we make expert legal assistance accessible wherever you are in Australia.

Will Drafting and Review

A valid, carefully drafted will is the cornerstone of any estate plan. Our lawyers work with you to understand your personal and financial circumstances, identify your beneficiaries, and ensure your wishes are expressed clearly and lawfully. We also review existing wills to identify gaps, outdated provisions, or clauses that may not reflect your current intentions — particularly following significant life events such as marriage, divorce, or the birth of a child.

Enduring Powers of Attorney and Advance Care Directives

Planning for incapacity is just as important as planning for death. An enduring power of attorney appoints a trusted person to manage your financial and legal affairs if you lose capacity, while an advance care directive (or enduring guardianship, depending on your jurisdiction) records your preferences for medical treatment and personal care. Our lawyers can prepare these documents to ensure they meet the formal requirements of your state or territory and accurately reflect your wishes.

Probate and Letters of Administration

When a person dies, their executor or administrator must often apply to the Supreme Court for a grant of probate or letters of administration before they can deal with the estate's assets. This process can be complex, particularly where the estate is large, assets are held in multiple jurisdictions, or the will is being challenged. Our lawyers guide executors and administrators through every step of the process, from gathering the necessary documentation to obtaining the grant and distributing the estate.

Estate Administration

Administering a deceased estate involves far more than simply distributing assets to beneficiaries. Executors must identify and value all estate assets, pay outstanding debts and taxes, notify relevant government agencies, manage any ongoing property or business interests, and keep detailed records of their decisions. Our lawyers advise executors on their duties and potential liabilities, helping them fulfil their obligations efficiently and avoid personal liability for mismanagement.

Contesting a Will and Family Provision Claims

If you believe you have been unfairly left out of a will or received an inadequate share of an estate, you may be entitled to make a family provision claim. Legislation in each state and territory allows eligible persons — including spouses, children, and dependants — to apply to the court for a greater share of the estate. Our lawyers assess your prospects, advise you on the applicable time limits, and represent you in negotiations or court proceedings to pursue the provision you are entitled to.

Trusts and Estate Planning

For clients with complex financial affairs, trusts can be a powerful estate planning tool. Testamentary trusts, established through a will and activated upon death, can provide significant tax advantages for beneficiaries, protect assets from relationship breakdown or creditor claims, and cater for beneficiaries with special needs or limited financial capacity. Our lawyers design and implement trust structures tailored to your circumstances, ensuring your wealth is managed and transferred in the most effective way possible.

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Why Go To Court Lawyers?

Go To Court Lawyers is Australia's largest legal network, with more than 800 experienced lawyers operating across every state and territory — so no matter where you are in the country, expert wills and estates advice is close at hand. We have been helping Australians navigate the law since 2010, building a reputation for practical, plain-English guidance that clients can rely on. Our 24/7 legal hotline means you can speak with a lawyer any time of day or night, whether you are facing an urgent estate matter or simply want to start planning ahead. We offer a fixed-fee initial consultation at fixed-fee rates, giving you certainty about costs before you commit to anything, and same-day appointments are available in most locations. With a 4.5-star rating on Product Review, our commitment to accessible, high-quality legal services speaks for itself.
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Frequently Asked Questions

Do I need a lawyer to make a will in Australia?

You are not legally required to use a lawyer to draft a will in Australia, but doing so significantly reduces the risk of errors that could render the will invalid or lead to disputes after your death. A lawyer can ensure the will is properly executed, clearly expresses your intentions, and accounts for complex circumstances such as blended families, business interests, or assets held abroad. The cost of professional drafting is modest compared to the expense of litigation that can arise from a poorly prepared document.

What happens if someone dies without a will in Australia?

If a person dies without a valid will, they are said to have died intestate, and their estate is distributed according to the intestacy laws of the relevant state or territory. These laws follow a strict hierarchy of relatives and may not reflect the deceased's actual wishes — for example, a long-term de facto partner may receive less than expected, or assets may pass to estranged family members. An administrator must be appointed by the court to manage the estate, which can add time and expense to the process.

How long do I have to contest a will in Australia?

The time limit for contesting a will or making a family provision claim varies between states and territories, but it is generally between six and twelve months from the date probate is granted. In New South Wales, for example, eligible persons have twelve months from the date of death, while in Victoria the limitation period is six months from the date probate is granted. It is essential to seek legal advice as soon as possible, as courts have limited discretion to extend these deadlines and late applications are often refused.

Who can make a family provision claim?

Eligibility to make a family provision claim depends on the legislation of the relevant state or territory, but generally includes a spouse or de facto partner, children (including adult children), and in some jurisdictions, former spouses, stepchildren, and other dependants. The court will consider factors such as the claimant's financial need, the size of the estate, the nature of the relationship with the deceased, and any contributions made to the estate. Being eligible does not guarantee success — the court must be satisfied that adequate provision has not been made.

What is probate and when is it needed?

Probate is a court-issued grant that confirms the validity of a will and authorises the executor to deal with the deceased's assets. It is generally required when the estate includes real property, significant financial assets held by banks or other institutions, or investments such as shares. Not all estates require probate — where the estate is small or assets are held jointly, it may be possible to administer the estate without a formal grant. A lawyer can advise whether probate is necessary in your specific circumstances.

What is an enduring power of attorney and why do I need one?

An enduring power of attorney is a legal document that authorises a trusted person (your attorney) to make financial and legal decisions on your behalf if you lose mental capacity. Unlike a general power of attorney, an enduring power of attorney remains valid after the onset of incapacity, making it an essential component of any estate plan. Without one, your family may need to apply to a tribunal or court to be appointed as your guardian or administrator, which can be a time-consuming and costly process.

Can a will be challenged on the grounds that the person lacked capacity?

Yes, a will can be challenged on the basis that the testator (the person who made the will) lacked testamentary capacity at the time it was executed. To have testamentary capacity, a person must understand the nature of making a will, the extent of their assets, the claims of those who might reasonably expect to benefit, and must not be suffering from a disorder of the mind that affects their judgment. Evidence such as medical records and witness statements is often crucial in these cases, and legal advice should be sought promptly.

How much does it cost to administer a deceased estate?

The cost of administering a deceased estate depends on the size and complexity of the estate, whether probate is required, and whether any disputes arise among beneficiaries or creditors. Lawyers' fees for estate administration are typically charged on a time-cost basis or as a percentage of the estate's value, and these costs are generally paid from the estate itself rather than by the executor personally. Go To Court Lawyers offers a fixed-fee initial consultation at fixed-fee rates so you can understand your options and likely costs before proceeding.

Wills and estates law in Australia covers a broad range of legal matters connected with planning for the future and managing a person''s affairs after death. At its core, the discipline involves the creation and execution of valid wills, the administration of deceased estates, and the resolution of disputes that arise when family members or other interested parties believe an estate has not been distributed fairly. Each state and territory has its own legislation governing these matters, which means the rules around probate, family provision claims, and intestacy can differ significantly depending on where the deceased lived and where their assets are located.

Estate planning is not simply a concern for the elderly or the wealthy. Anyone who owns property, has a superannuation balance, or has dependants who rely on them financially should have a current will and, ideally, an enduring power of attorney in place. Failing to plan can leave your loved ones in a difficult and expensive legal situation at an already distressing time. Reviewing your estate planning documents regularly — particularly after major life events such as marriage, separation, or the birth of a child — ensures your wishes remain accurately recorded and legally enforceable.

When a dispute arises over a deceased estate, the emotional stakes are invariably high and the legal issues can be genuinely complex. Family provision claims, challenges to the validity of a will, and disputes between co-executors all require careful legal navigation. Australian courts have broad discretion in these matters and will weigh a wide range of factors when determining an appropriate outcome. Early legal advice can help parties understand their rights, explore settlement options, and avoid protracted and costly litigation wherever possible. To speak with a wills and estates lawyer, contact Go To Court Lawyers today.

Whether you are ready to put an estate plan in place, need assistance administering a loved one''s estate, or believe you have been unfairly treated under a will, Go To Court Lawyers can help. Our experienced team is available nationwide, with same-day appointments offered in most locations and around-the-clock telephone support. Book your consultation online and take the first step towards resolving your wills and estates matter with confidence.