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Wills, probate, intestacy, family provision, powers of attorney, super death benefits and divorce property settlement in Australia: 2026 court fees, state rules and worked examples.
Costs, State Rules and 2026 Checks
- De facto relationships in Australia: property settlement, super splitting and inheritance rights
When de facto couples can claim a property settlement under the Family Law Act, the 2-year deadline, the WA exception, and how de facto partners are treated in wills, intestacy and super.
- Enduring powers of attorney and guardianship in Australia: forms, witnesses and costs by state
How enduring powers of attorney, enduring guardians and medical decision-makers work in NSW, Victoria, Queensland and WA, who can witness, what they cost and how tribunals step in.
- Family Law Act property changes from 10 June 2025: the section 79 steps, family violence and disclosure
What the Family Law Amendment Act 2024 changed for property settlements from 10 June 2025, including the codified section 79 steps, family violence, companion animals and the duty of disclosure.
- 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.
- Who inherits if there is no will? Intestacy shares in NSW, Victoria, Queensland and WA
How intestate estates are divided between a spouse or partner, children and other relatives in NSW, Victoria, Queensland and WA, with worked examples and the amounts in the WA and Qld Acts.
- 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.
- What makes a will valid in Australia, and when an informal will can still count
Will formalities in NSW, Victoria, Queensland and WA, how the courts' dispensing power saves informal wills, and how marriage and divorce change a will.
- 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.
Worked Examples and Checklists
- How the child support formula works in Australia: a step-by-step worked example
The Services Australia child support formula explained step by step, with care percentages, the self-support amount, costs of children, agreements and an illustrative calculation.
- Divorce and consent orders in Australia: the steps, documents and fees, from separation to orders
How to apply for a divorce in Australia, the 12-month separation rule, separation under one roof, serving papers, and how consent orders formalise property, super and parenting.
- 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.
- No inheritance tax, but CGT: selling an inherited home within 2 years and other worked examples
How capital gains tax applies to inherited property and shares in Australia, the 2-year main residence rule in s 118-195, pre-CGT assets, foreign residents and worked examples.
- 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.
- 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.
- Superannuation splitting on separation: how it works, the forms, and a worked example
How super is valued and split under Part VIIIB of the Family Law Act, splitting orders and agreements, the information request form, fund fees, tax, and WA de facto couples.
Failure Cases and Official Sources
- When a binding super nomination lapses or fails: who gets the death benefit and how to complain
Why binding death benefit nominations lapse or are invalid, how super trustees decide without one, SMSF pitfalls, NSW notional estate, and how to complain to AFCA.
- Estate and family-law mistakes that cost Australians money: 12 failure cases and how to avoid them
The most common and costly mistakes with wills, super nominations, probate, family provision deadlines, powers of attorney and property settlements in Australia, and what to do instead.
- Free and low-cost legal help for family law, wills and estates in Australia
Free and low-cost help with separation, property, children, wills and estates in Australia: Legal Aid, community legal centres, advice lines and referrals.
- Why homemade wills fail: will kit, handwritten and phone-note failure cases in Australia
Illustrative failure cases with will kits, handwritten wills, unsigned drafts and phone notes in Australia, what the court can save under the dispensing power, and what it costs.
- Missed the family law deadline? The 12-month and 2-year limits for property claims and how leave works
The Family Law Act time limits for property and spousal maintenance after divorce or de facto separation, how to apply for leave out of time, and illustrative failure cases.
- Official sources for wills, estates and family law in Australia: legislation, courts, tax and support
Official Australian sources for wills, probate, family provision, powers of attorney, super death benefits, CGT, divorce and child support, and what to check.
- Misuse of a power of attorney and elder financial abuse: warning signs, failure cases and where to report
How enduring powers of attorney are misused in Australia, warning signs of elder financial abuse, illustrative cases, and how tribunals, public advocates and police can respond.