Costs, State Rules and 2026 Checks
What wills, probate, family provision claims, powers of attorney and family-law property cases cost, and the state and federal rules that apply in 2026.
wills, probate and divorce costs and documents Australia
Wills, probate and separation: the costs, documents and deadlines that apply in your state
Estate and family-law money questions in Australia are decided partly by federal law and partly by your state. These guides set out the rules for NSW, Victoria, Queensland and WA, the 2026 probate court fees, the family-law changes in force since 10 June 2025, and worked examples you can rerun with your own numbers.
- Check what makes a will valid, who inherits without one, and what probate costs in NSW and Victoria from 1 July 2026
- Understand super death benefit tax, capital gains tax on inherited homes, property settlement and super splitting with worked examples
- Avoid the expensive failures: lapsed nominations, missed 6- and 12-month deadlines, homemade wills, and find free legal help
Start hereSuper death benefit tax estimator (lump sum to a non-dependant)
Explore by topic
Worked Examples and Checklists
Step-by-step calculations and checklists: super death benefit tax, CGT on an inherited home, a property settlement, super splitting, child support and divorce paperwork.
Failure Cases and Official Sources
Where estates and separations go wrong: homemade wills, lapsed super nominations, missed deadlines and misused powers of attorney, plus free legal help and official sources.
Start here
Worked Examples and Checklists
Estate planning and separation checklist: the documents to have, find and update in Australia
A practical checklist of wills, powers of attorney, super nominations and records for an Australian estate plan, plus what executors and separating couples need to gather.
Costs, State Rules and 2026 Checks
Contesting a will: family provision claims, who can claim and the time limits in each state
Family provision claims in NSW (12 months from death, notional estate), Victoria (6 months from the grant), Queensland and WA, who is eligible, costs and how claims usually end.
Costs, State Rules and 2026 Checks
Probate fees in 2026: NSW and Victoria court fees by estate value, and how Queensland and WA differ
Supreme Court probate filing fees from 1 July 2026 for NSW and Victoria by estate value band, online notice fees, small estates, and what to check in Queensland and WA.
Worked Examples and Checklists
Property settlement worked example: valuing the pool and applying the section 79 steps
A step-by-step illustrative property settlement under the Family Law Act as amended from June 2025: building the net pool, contributions, future needs, super and legal costs.
Worked Examples and Checklists
Tax on super death benefits: a worked example for adult children and other non-dependants
How super death benefits are taxed in Australia, who is a death benefits dependant, the 15% and 30% rates plus Medicare levy, paying via the estate, and worked examples.
Costs, State Rules and 2026 Checks
Wills, probate and divorce in Australia: what each step costs and which documents you need
The costs and paperwork of wills, probate, family provision claims, powers of attorney, super death benefits and separation in Australia, with 2026 court fees.
Tools
Super death benefit tax estimator (lump sum to a non-dependant)
Estimate the tax on the taxable component of a superannuation lump sum death benefit paid to someone who is not a death benefits dependant, such as an adult child.
Estate administration cost estimator (probate fee plus professional fees)
Estimate what administering a deceased estate might cost: the Supreme Court filing fee for your estate band, professional fees as a percentage, and other disbursements.
Property settlement split calculator (net pool, percentage, legal costs)
Turn a proposed percentage division of the net property pool into dollar amounts, and see what your share is worth after your own legal costs.
Documents checklist: will, powers of attorney, super nominations and separation
The documents to prepare, find and keep up to date for an estate plan, and the papers to gather if you separate.
Estate and separation documents compared
| Document or process | What it does | Formal requirements | Watch out for |
|---|---|---|---|
| Formal will | Appoints executors and guardians for children and says who receives your estate | In writing, signed by the will-maker in front of two adult witnesses present at the same time (state Wills or Succession Act) | Marriage usually revokes it; divorce revokes gifts to a former spouse but separation does not; super and joint assets pass outside it |
| Informal will (dispensing power) | A document, note or recording the court accepts as a will although not properly signed or witnessed | Court must be satisfied the person intended it to be their will (e.g. Succession Act 2006 (NSW) s 8) | Needs a court application, evidence and usually legal costs paid from the estate; outcome uncertain |
| Enduring power of attorney | Lets a chosen person manage your financial affairs, continuing if you lose capacity | State form and witnessing rules; some states require attorney acceptance and a qualified witness | Different form in each state; attorneys must keep money separate and records; misuse can be reviewed by the tribunal |
| Enduring guardian or medical decision-maker | Lets a person make health and lifestyle decisions if you lose capacity | State legislation (e.g. Guardianship Act 1987 (NSW); Medical Treatment Planning and Decisions Act 2016 (Vic)) | Names and forms differ by state; health decisions may also be covered by an advance care directive |
Frequently asked questions
How much does probate cost in NSW and Victoria in 2026?
The court filing fee depends on the gross value of the estate. For NSW summonses from 1 July 2026 it is nil under $100,000, $1,303 for $250,000 to under $500,000 and $1,999 for $500,000 to under $1 million. In Victoria from 1 July 2026 it is nil under $250,000, $544 for $250,000 to under $500,000 and $1,088 for $500,000 to under $1 million. Legal fees are extra. See probate fees by state.
Is there inheritance tax in Australia?
No. Australia has no inheritance, estate or death duty. But capital gains tax can apply when a beneficiary later sells an inherited asset, and super death benefits paid to non-dependants such as adult children are taxed. An inherited main residence is generally CGT-free if it is sold within 2 years of death. See CGT and the 2-year rule.
Is a will valid if it was not witnessed properly?
Not as a formal will, but every state lets the Supreme Court accept an informal document as a will if it is satisfied the person intended it to be their will, for example under section 8 of the Succession Act 2006 (NSW) or section 18 of the Succession Act 1981 (Qld). That needs a court application and evidence, and the cost usually comes out of the estate. See valid wills and informal wills.
How long do I have to contest a will?
It depends on the state. In NSW a family provision claim must be made within 12 months after the date of death. In Victoria it must be made within 6 months after the grant of probate or administration. In Queensland written notice is due within 6 months of death and proceedings within 9 months. Courts can extend time in some cases, but do not count on it. See family provision claims.
Does my will cover my superannuation?
Usually not. Super is held in trust by the fund, which pays the death benefit under its trust deed and the SIS law. A valid binding death benefit nomination directs the fund to pay your dependants or your estate; without one the trustee decides. If the benefit is paid to your estate, your will then governs it. See lapsed binding nominations.
What changed in family law property settlements in 2025?
From 10 June 2025, the Family Law Amendment Act 2024 wrote the court's steps into section 79 of the Family Law Act: identify property and liabilities, assess contributions, consider current and future circumstances, and make an order only if it is just and equitable. The effect of family violence must now be considered in both contributions and future circumstances, and there are new rules for companion animals and a statutory duty of disclosure. See the 2025 property changes.
How long after separation can I apply for a property settlement?
Married couples must apply within 12 months after a divorce order takes effect. De facto couples must apply within 2 years after the relationship ends. After that you need the court's leave, which is not automatic. See missed family-law time limits.
Where can I get free legal help with a will, estate or separation?
Legal Aid commissions in each state give free information and some advice, community legal centres help people on lower incomes, and the Family Relationship Advice Line (1800 050 321) gives information and referrals about separation. Law societies run referral services for private lawyers. See free legal help.
How this site is made
Witnessed Twice is an independent information project. Guides are drafted with the help of AI writing tools and checked against official and primary sources before publication; see our Editorial Policy. We are not affiliated with any provider mentioned on the site and do not sell products or services.