The documents to prepare, find and keep up to date for an estate plan, and the papers to gather if you separate.
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This checklist covers two moments when the right documents make the biggest difference: setting up an estate plan, and the period just after a death or a separation. Use the first groups to check that each document exists, is valid in your state and is up to date. Use the later groups to gather the papers that executors, lawyers, courts and Services Australia will ask for.
The estate plan group follows the requirements that most Australian states share: a will must be in writing, signed by the will-maker and witnessed by two adults present at the same time. Powers of attorney and guardianship forms differ by state and must be on the current prescribed form, so do not reuse an interstate or old form. Super is not covered by your will unless it is paid to your estate, so the death benefit nomination is a separate document with its own rules.
The review triggers group exists because life events change wills in ways people do not expect: in most states marriage revokes an earlier will unless it was made in contemplation of that marriage, and divorce (but not separation) revokes gifts to the former spouse.
The separation group targets the most common failure cases: missing financial disclosure, missing the property claim deadline, and leaving a former partner as executor or super beneficiary. See the checklist guide for how to use each item. This is general information, not legal advice.
Worked Examples and Checklists
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.
Worked Examples and Checklists
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.
Costs, State Rules and 2026 Checks
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.
Failure Cases and Official Sources
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.
Worked Examples and Checklists
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.
Failure Cases and Official Sources
Free and low-cost help with separation, property, children, wills and estates in Australia: Legal Aid, community legal centres, advice lines and referrals.
