Official sources for wills, estates and family law in Australia: legislation, courts, tax and support

The authoritative answers on wills, estates and family-law money matters in Australia come from a short list of official sources: the Federal Register of Legislation for the Family Law Act, the SIS Act and tax law; each state's legislation website for wills, intestacy, family provision and powers of attorney; the state Supreme Courts for probate procedure and fees; the Federal Circuit and Family Court of Australia for divorce and property; the ATO for tax on super death benefits and inherited assets; and Services Australia for child support. This directory lists each source, what to check there, and how to read it. Use it to verify anything on this site before you act, because fees and thresholds change, often each 1 July.

Legislation

Source	What to check
Federal Register of Legislation (legislation.gov.au)	Family Law Act 1975 (current compilation in force from 10 June 2025); Child Support (Assessment) Act 1989; SIS Act 1993 and SIS Regulations 1994; Income Tax Assessment Act 1997 (Div 128, s 118-195, Div 302)
NSW Legislation	Succession Act 2006 (wills, family provision, intestacy); Probate and Administration Act 1898; Powers of Attorney Act 2003; Guardianship Act 1987
Victorian Legislation	Wills Act 1997; Administration and Probate Act 1958 (intestacy, Part IV family provision); Powers of Attorney Act 2014; Medical Treatment Planning and Decisions Act 2016
Queensland Legislation	Succession Act 1981 (wills, Schedule 2 intestacy, Part 4 family provision); Powers of Attorney Act 1998; Guardianship and Administration Act 2000
WA Legislation	Wills Act 1970; Administration Act 1903 (s 14 intestacy); Family Provision Act 1972; Guardianship and Administration Act 1990; Family Court Act 1997

How to read legislation online

Use the current compilation ("in force") version, and check the compilation date.
Look at the notes at the end for commencement dates and transitional rules, which often decide whether a change applies to a death or proceeding.
Section numbers can move when Acts are amended; search by heading if a citation does not match.

Courts and tribunals

Source	What to check
Supreme Court of NSW	Probate fees (schedule from 1 July 2026), online notices, application fact sheets, family provision list
Supreme Court of Victoria	Probate Office fees (1 July 2026 to 30 June 2027), RedCrest-Probate notices, small estates service
Queensland Courts	Probate applications, notice requirements and fees
Supreme Court of WA	Probate procedures and fees
Federal Circuit and Family Court of Australia	Divorce, consent orders, property and parenting procedures, fees, superannuation information kit, Commonwealth Courts Portal
Family Court of Western Australia	WA family law and de facto matters
NCAT, VCAT, QCAT, SAT (WA)	Guardianship, administration and review of attorneys

Tax and super

Source	What to check
Australian Taxation Office	Super death benefit tax and death benefits dependants; deceased estates; CGT on inherited dwellings and the 2-year rule; date of death returns
AFCA	Complaints about super death benefit decisions and their time limits
Your super fund	Nomination type, expiry, components, death benefit claim process, fees for family law information and splits

Child support and separation

Source	What to check
Services Australia	Child support estimator, current self-support amount, costs of children table, minimum rate, agreements
Family Relationships Online	Family Relationship Advice Line, Family Relationship Centres, family dispute resolution
1800RESPECT	Family violence support and referrals

Public trustees and advocates

Source	What to check
NSW Trustee and Guardian	Wills, estate administration, financial management
State Trustees (Victoria)	Wills, estates, intestacy information
Public Trustee of Queensland	Wills, EPAs, estates
Public Trustee WA	Wills and estates
Office of the Public Advocate (Vic, Qld, WA) and NSW Public Guardian	Guardianship, attorney duties, investigations

Free legal help

Legal Aid commissions, community legal centres and law society referral services are listed in free legal help for family law and estates.

A verification routine (example)

Suppose you read on this site that the NSW probate fee for an estate worth $800,000 is $1,999.

Go to the Supreme Court of NSW and open the fees page.
Open the current schedule (the one for 1 July 2026 at the time of writing).
Find "Probate (uncontested)" and the $500,000 to under $1,000,000 band.
Confirm the fee and whether your estate's gross value falls in that band.
Note the date you checked, because the schedule changes each 1 July.

Repeat the same routine for tax rates (ATO), child support figures (Services Australia) and super nomination rules (your fund's deed and forms).

Common source mistakes

Reading an old version of an Act or a fee schedule
Relying on an interstate rule (wills, intestacy and powers of attorney differ by state)
Treating a fund's marketing page as the trust deed
Relying on forums for deadlines; always count from the Act
Missing transitional rules, such as WA intestacy amounts applying only to deaths from 30 March 2022

FAQ

Which court handles probate?

The Supreme Court of the state or territory where the deceased lived or held assets. Assets in other states may need a separate grant or a reseal.

Which court handles divorce and property?

The Federal Circuit and Family Court of Australia, except in WA, where the Family Court of WA deals with family law matters.

Where are the current court fees?

On each court's website, in the fee schedule for the current financial year.