Wills in Australia: what they cover, what they don't, and when to update

A will is one part of an estate plan. It is important, but it does not carry every family, tax, super, trust, property, and lifetime decision on its own.

Moneysmart describes a will as a legal document that says what a person wants to happen to their assets when they die. That definition is useful, but the practical question is wider: what sits inside the estate, what sits outside it, and who needs to confirm the details?

This guide does not tell you how to draft a will, how to divide an estate, who to appoint, or whether a clause suits your situation. It helps you prepare the right questions for a solicitor, public trustee, super fund, accountant, financial adviser, and family conversation.

If family money is part of the estate conversation, our guides to Bank of Mum and Dad arrangements, gifting vs lending, and helping a child with a house deposit may help you map the related issues.

What a will can commonly cover

A will usually deals with estate assets after death. It can include instructions about who inherits the estate, who cares for children, and who acts as executor.

In plain English, a will may record wishes and instructions about things such as:

• who receives estate assets
• who administers the estate
• gifts of money, property, or personal items
• wishes about children or pets
• practical information that helps the executor find records
• trusts or arrangements created inside the will
• funeral wishes or other personal wishes, depending on how the document is prepared

Those are general categories. State and territory rules matter for validity, signing, witnessing, capacity, children, relationship changes, family provision, and challenges. A solicitor or public trustee can confirm what belongs in the document and what belongs somewhere else.

What an executor is

An executor is the person or organisation responsible for managing assets according to the directions in the will after death.

That sounds simple until the estate has bank accounts, super questions, property, debts, family tension, missing records, trusts, business interests, or assets in more than one place.

Choosing an executor is not a popularity contest. It is a legal and practical role. This page does not recommend who to appoint. It does suggest asking what the person or organisation would need to do the job, where records are kept, and whether the choice creates any obvious conflict or burden.

What a will may not automatically control

A common mistake is treating the will as a master document for everything the person owns or influences. Some assets and rights may need separate attention.

Superannuation

Moneysmart says a will does not automatically cover superannuation, and that beneficiary nominations are made through the super fund. Some superannuation funds also have rules in their policy documents that dictate how a death benefit is paid.

The ATO says that if fund rules allow a binding death benefit nomination, a member can nominate dependants and/or their legal personal representative to receive their super death benefit.

The ATO also says that if there is no nomination, or there is a non-binding nomination, the trustee may decide which dependants to pay or may pay the legal personal representative for distribution under the will.

That is why the question is not only “what does the will say?” It is also “what does the super fund have on file, what kind of nomination is it, and when does it need review?” A super fund, solicitor, accountant, or financial adviser can help check the right pathway without this page giving tax or financial advice.

Family trusts

Moneysmart says a family trust usually keeps running after death, and the trust deed, not the will, decides who receives trust assets.

Use that as a warning sign, not a complete trust succession rule. Trust deeds, company roles, appointors, trustees, SMSFs, business entities, and asset ownership can be technical. A solicitor and accountant can confirm what the will can control and what needs separate documents or decisions.

Assets that may not form part of the estate

Some things a person thinks of as assets may not be part of the estate, so they may not be able to give them away in the will.

That is another reason to prepare an asset map before the legal appointment. The point is not to self-diagnose the ownership result. The point is to ask: which assets are actually estate assets, which are controlled somewhere else, and which documents need to be reviewed together?

The lifetime documents are separate

A will operates after death. Other documents may matter while a person is alive.

End-of-life planning is broader than a will because other documents can affect lifetime decisions if a person no longer has capacity.

Depending on the state or territory, those documents may include powers of attorney, guardianship or medical decision documents, and advance care documents. The names and rules differ, so this is a state-specific legal question.

The practical takeaway is simple: a will does not solve lifetime incapacity planning. If that is part of the family concern, raise it with a solicitor, public trustee, or other qualified professional.

Why state and territory law matters

Wills are not just a national common-sense document. State and territory law affects many of the details.

Legal information sources from Victoria, Western Australia, Tasmania, and South Australia show that issues such as validity, capacity, signing, witnessing, marriage, divorce, separation, and review triggers can differ by jurisdiction.

If a will involves remarriage, separation, blended families, children, a possible dispute, overseas assets, family trusts, property in more than one state, or family provision concerns, ask a solicitor or public trustee about state-specific advice.

When to review a will

A will is worth reviewing every 5 years and when significant life events occur. That review habit applies across every jurisdiction. Legal Aid WA and the SA Law Handbook also support reviewing a will when circumstances change.

Common review triggers include:

• marriage, divorce, separation, or a new de facto relationship
• birth, adoption, or care of children
• death of a beneficiary, executor, or close family member
• major changes to assets, debts, property, business interests, or trusts
• retirement or a major change in income arrangements
• a significant gift, loan, guarantee, or family property arrangement
• moving between states or holding assets in more than one place
• changes to superannuation nominations
• family conflict or concern that the will may be challenged

Do not treat that list as a legal test. Treat it as a prompt to check whether the old document still matches the current family, assets, and law.

A calm preparation checklist

Before seeing a solicitor or public trustee, many families find it useful to gather questions and records. This is not a substitute for advice, and it is not a will template.

Estate and record questions

• What assets and debts need to be listed for the appointment?
• Which records show ownership, loans, guarantees, mortgages, trusts, companies, business interests, and overseas assets?
• Are there gifts, loans, co-ownership arrangements, or family money promises that the estate lawyer needs to know about?
• Where are important documents stored?

Listing assets and liabilities can help the executor, but the list should be kept separate from the will and kept accessible.

People questions

• Who may be a beneficiary?
• Who might be asked to act as executor?
• Are there children, blended-family members, dependants, estranged relatives, or vulnerable people whose position needs careful advice?
• Who needs to know where the will is stored?

Outside-the-will questions

• What super funds exist, and what beneficiary nominations are on file?
• Are there family trusts, companies, SMSFs, business interests, or jointly held assets?
• Are powers of attorney, guardianship, medical decision, or advance care documents needed or out of date?
• Are there tax questions for an accountant or adviser?

What not to rely on

A few shortcuts can create false comfort.

Do not rely on:

• an old assumption that super automatically follows the will
• informal handwritten changes without legal advice
• verbal promises that everyone will agree later
• a family trust or company structure that no one has checked
• a generic national summary for a state-specific legal rule
• a will made years ago before major relationship, asset, or family changes

None of those points means the will is invalid or that a dispute will happen. They are prompts to get the right documents checked before the family relies on them.

Who to talk to

Different professionals help with different parts of the picture.

• Solicitor or public trustee: will drafting, validity, capacity, witnessing, executor appointment, beneficiaries, children, relationship changes, family provision, storage, and state-specific rules.
• Super fund: current beneficiary nominations, nomination type, expiry dates, and fund processes.
• Accountant or tax adviser: tax questions involving estates, trusts, companies, property, businesses, and super death benefits.
• Financial adviser: how estate planning interacts with retirement planning, super, insurance, and broader financial arrangements.
• Family members: records, communication, expectations, and practical access, while leaving legal decisions to the proper advice process.

This is general information, not legal or financial advice. Rules differ between states and territories and change over time. Before acting, speak to a qualified professional about your situation.

Will Readiness Checklist

Thinking about making or updating a will? The Will Readiness Checklist is being prepared. It will help you gather the questions, documents, and professional contacts to discuss with a solicitor, public trustee, super fund, accountant, and family.

For now, write down the questions to take to a solicitor or public trustee: what assets are in the estate, what may sit outside it, who could act as executor, which super nominations need checking, and when the will was last reviewed.