Australia Will & Estate Planning Guide

Estate Planning in Australia at a Glance

Australia operates under a federal system with will and estate laws governed by individual states and territories. While there's no federal inheritance tax, capital gains tax applies to most assets at death (except the principal residence). Each state has its own probate court system and thresholds.

• No inheritance tax but capital gains tax on asset transfers
• Principal residence exempt from CGT if passed to beneficiary
• Each state has different probate thresholds and processes
• Holographic (handwritten) wills not recognised
• Superannuation (pension) can have binding death benefit nominations outside will

Will Requirements in Australia

Creating a will in Australia typically involves national rules and any local variations. Witness requirements, signing procedures and other formalities can vary by jurisdiction, so consult a qualified professional for advice specific to your circumstances.

Inheritance Tax in Australia

Retirement Savings and Nominations

Superannuation is held on trust by the fund's trustee and does not automatically pass under a will. When a member dies, the trustee pays the death benefit to one or more dependants or to the estate under the fund's rules, guided by any death benefit nomination the member made, and some binding nominations lapse unless they are renewed. The tax on a super death benefit can also depend on who receives it, so nominations are worth reviewing alongside the will.

State & Regional Specific Guides

Will requirements can vary between states, provinces and regions within Australia. Select a location below for information on local requirements:

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