Australia Last Will and Testament
Also known as: Will · Testamentary Document
Generate a last will and testament tailored to Australia law. Our AI incorporates Australia-specific statutory requirements, disclosure obligations, and legal standards into every clause.
Last Will and Testament
Also called: Will, Testamentary Document
Legal Requirements
Australia Legal Requirements
Key Australia statutes and obligations that apply to your last will and testament.
Wills are governed by state succession legislation — Succession Act 2006 (NSW), Succession Act 2010 (QLD), Wills Act 1997 (VIC), Wills Act 2008 (TAS)
Must be in writing, signed by the testator, and witnessed by two persons present at the same time
Witnesses must not be beneficiaries or spouses of beneficiaries
Testator must be 18 or older and have testamentary capacity
Probate required in most states for estates above a threshold (typically $15,000–$50,000 depending on state)
Estate duty/death taxes were abolished in Australia nationally in 1979
Capital Gains Tax on deceased estates: assets transferred to beneficiaries retain the deceased's cost base for CGT purposes
Restrictions & Key Considerations
Family provision claims: eligible persons (spouse, children, dependants) can apply to court if left without adequate provision
Marriage does not revoke a will made after December 2008 in NSW and most other states following reforms
Divorce revokes gifts to a former spouse and their appointment as executor in most Australian jurisdictions
Superannuation does not automatically form part of the estate — nomination of beneficiaries through the super fund is required
FAQ
Australia Last Will and Testament FAQ
Common questions about the last will and testament under Australia law.
Are there death taxes in Australia?
No. Australia abolished federal estate duty in 1979 and all state death duties were phased out by 1981. However, capital gains tax may apply on certain assets sold by the estate during administration, and superannuation paid to non-dependants may be subject to tax.
Does superannuation automatically go to my estate in Australia?
No. Superannuation is held in trust and does not automatically form part of your estate. To control who receives your super, you must make a valid binding death benefit nomination (BDBN) with your super fund. Without one, the trustee has discretion to pay eligible beneficiaries, which may not reflect your wishes.
What is a family provision claim in Australia?
Any eligible person who believes they have not been adequately provided for in a will can make a family provision claim (testator's family maintenance claim in some states) to the Supreme Court. Eligible persons typically include spouses, domestic partners, and children. The court can vary the will to make adequate provision.
Does marriage or divorce affect my Australian will?
Post-2008 reforms: marriage alone no longer automatically revokes a will in NSW and most other states. Divorce (finalised dissolution) revokes gifts and appointments to the former spouse in most Australian jurisdictions. You should review and update your will after any major change in relationship status.
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Last Will and Testament by Country
Laws vary significantly by country. Find the right form for your jurisdiction.
Disclaimer: LegalLawDocs.com provides self-help legal documents for informational purposes only. The documents and information on this site do not constitute legal advice and are not a substitute for consultation with a licensed attorney. Laws vary by state and change frequently — review your document with a qualified professional before relying on it.