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“Wills and estates law is all about making sure your wishes are followed when it comes to your assets and personal matters, both after you pass away and if you become unable to make decisions yourself,” says Mario Amor, Principal Lawyer at PAX Law and a solicitor member of the Law Society of New South Wales.

“Wills and estates law covers things like writing a will, setting up powers of attorney, planning for future medical care, and asset protection, as well as handling what happens when someone dies without a will,” says Mario. “It also helps sort out any disputes over a will and ensures everything is legally managed and fairly distributed.”

“Yes, you absolutely need a will,” says Mario Amor, Principal Lawyer at PAX Law and a solicitor member of the Law Society of New South Wales. “A valid will ensures your assets are distributed according to your wishes; without one, state-based intestacy laws apply, which may not align with what you want,” he says. “A will is important even if you have few assets, as it simplifies legal processes and reduces the risk of family disputes.”

“If you die without a will (known as dying intestate), your assets will be distributed in line with the intestacy laws of your state or territory,” says Mario Amor, Principal Lawyer at PAX Law and a solicitor member of the Law Society of New South Wales. “A close relative (usually a spouse, partner or adult child) needs to apply to the court for letters of administration.”

“Your estate is then distributed according to the intestacy laws of your state or territory. This usually prioritises spouses and children, but the rules can become complicated for blended families or if you have no close relatives,” says Mario.

“Yes, you can write your own will, but there are strict legal requirements that apply,” says Mario Amor, Principal Lawyer at PAX Law and a solicitor member of the Law Society of New South Wales. “A will must be in writing, signed by the testator, and witnessed by two people who are not beneficiaries. If you don’t meet these conditions, your will may be declared invalid, which is why using a qualified will lawyer is often beneficial,” says Mario.

“Yes, you can create a will in Australia even if you’re not an Australian citizen. The important consideration is that the will will mainly be applicable to assets held in Australia, for example, property or bank accounts,” Mario Amor, Principal Lawyer at PAX Law and a solicitor member of the Law Society of New South Wales. “If you have assets overseas, those assets may fall under a different estate regime because the law in that country could apply instead. It’s important to get professional advice about how your will in Australia will work together with assets held overseas.”

An international will is a will that meets the requirements of the International Wills Convention. This framework was established to make sure that people have certainty about how their will applies where they have residency and/or assets in multiple countries.

“An executor is the person chosen to manage the deceased’s estate,” says Mario Amor, Principal Lawyer at PAX Law and a solicitor member of the Law Society of New South Wales. “An executor’s duties include applying for probate, collecting and managing assets, paying debts and taxes owed by the estate, and distributing assets to beneficiaries following the will’s instructions,” says Mario.

“Probate is a legal process that verifies the validity of a will and grants the executor authority to act,” says Mario Amor, Principal Lawyer at PAX Law and a solicitor member of the Law Society of New South Wales. “A grant of probate is a court-issued document that allows the executor of a will to distribute the assets. It’s typically required for large estates, especially if property or large bank accounts are involved.”

“Probate is granted by the court and gives the executor permission to manage the deceased’s estate,” says Mario Amor, Principal Lawyer at PAX Law and a solicitor member of the Law Society of New South Wales. “Letters of administration are granted when there is no executor, for example when someone has passed away without a valid will.”

“Yes, your will can be challenged,” says Mario Amor, Principal Lawyer at PAX Law and a solicitor member of the Law Society of New South Wales. “Eligible individuals (such as spouses, children, or dependents) can make a family provision claim if they believe they’ve been unfairly excluded or inadequately provided for.”

Wills may also be challenged for undue influence or lack of capacity. Time limits apply when contesting a will; these vary between states and territories, and limits can range from 3 to 12 months from the grant of probate.

“Yes, your de facto partner may be entitled to a share of the estate,” says Mario Amor, Principal Lawyer at PAX Law and a solicitor member of the Law Society of New South Wales. “In most states and territories, de facto partners have the same rights as married spouses, but they may need to prove the relationship with evidence such as shared bills, joint bank accounts, and proof of cohabitation.”

These are non-estate assets and generally pass directly to nominated beneficiaries. If no valid nomination exists, the fund trustee decides who receives the benefit.

It’s a good idea to update your will whenever a significant life change occurs, like marriage, divorce, the birth of a child, or the death of a beneficiary or executor.

“If you pass away and you have debts, your named executor will use the deceased’s estate to pay all outstanding debts before distributing any assets to beneficiaries,” says Mario Amor, Principal Lawyer at PAX Law and a solicitor member of the Law Society of New South Wales. “If the debts exceed the assets, the estate is declared insolvent; beneficiaries generally aren’t responsible for the deceased’s debt unless they co-signed loans.”

“Estate planning is used to distribute personal assets, whereas a succession plan is used to determine how a business owned by the deceased will be distributed,” says Mario Amor, Principal Lawyer at PAX Law and a solicitor member of the Law Society of New South Wales. “A business succession plan can be included within an estate plan, or it can be made separately – this might be suitable as asset protection when your beneficiaries have no intention to retain the family business.”