A will only does its job if it's valid and works with everything else you own, including your super. Here's how wills and estates law works in Australia, where the states differ, and the estate planning lawyers we list in each city.
Estate Planning lawyers by city
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What estate planning lawyers do
They draft wills, powers of attorney and advance care documents, help executors get probate and wind up an estate, and act in disputes when someone says a will left them short or shouldn't stand. Wills, probate and will disputes are state law, so the rules vary by state.
When a lawyer is worth it
- Blended families, where a second partner, a former partner or a stepchild may have a claim.
- Super and life insurance, which aren't part of your estate by default, so the nominations matter as much as the will.
- Being an executor, when probate, tax returns and claims against the estate need handling.
- Contesting or defending a will, where the deadlines are short and costs can run high.
How the rules differ between states
The time limit for a family provision claim varies by state, and so does when the clock starts. It's 12 months from the death in NSW and 9 months from the death in Queensland, but generally 6 months from the grant of probate in Victoria, WA and South Australia. NSW claims can also reach some property that has left the estate, such as super paid under a nomination, as notional estate.
Other examples: Victoria lets a will be witnessed by video link under a special procedure, if one witness is a lawyer or a Victorian justice of the peace and everyone is in Victoria. South Australia's Succession Act 2023 replaced its old wills and estates laws from 1 January 2025.
What to ask before you hire one
- Do you mainly do wills and estates?
- Will you check my super and insurance nominations as well as the will?
- Is anyone an accredited specialist? The law societies in NSW, Victoria, Queensland, WA and South Australia accredit wills and estates specialists (Queensland calls it succession law).
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Estate Planning lawyers: common questions
Does my super follow my will?
Not automatically. Super isn't part of your estate unless the fund pays it there. With a valid binding nomination the fund must pay the eligible person you nominated, and your will can't override it. Without one, the fund's trustee decides which dependants get it, or pays it to your estate to pass under your will.
How long do I have to contest a will?
It varies by state. A family provision claim must be made within 12 months of the death in NSW and within 9 months of the death in Queensland. In Victoria, WA and South Australia it's generally 6 months from the grant of probate or letters of administration. Late claims are only allowed in limited cases, so get advice early.
Who can make a family provision claim?
It varies by state. A spouse and children can claim in every state we cover. Other people, such as former partners, stepchildren, grandchildren, parents and siblings, can only claim in some states or under extra conditions, such as having been dependent on the deceased. In WA, for example, brothers and sisters can't claim at all.
Does every estate need probate?
Not always. Banks, super funds and insurers set their own rules, so ask each one whether it needs a grant. Some states also have small estate rules. In South Australia, for example, up to $15,000 in money or personal property can be paid to a surviving spouse, domestic partner or child without probate.
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