Do we need a will in Australia?

If you have children, a home or savings here, an Australian will lets you decide who inherits and who looks after your children. Your super isn’t covered by your will, so that needs its own form.

What happens without a will

Each state and territory has its own law for people who die without a will (intestacy). A formula decides who inherits, and a court-appointed administrator deals with the estate. That takes longer and can cost your family more.

• In NSW, if you leave a husband, wife or partner and all your children are also theirs, your partner inherits everything
• If you have children from an earlier relationship, your partner gets your personal belongings, a fixed sum and a share of the rest, and your children share the remainder
• Victoria and the other states have their own formulas, which differ in the detail
• De facto partners are covered, but proving the relationship can add delay

Your UK will

A will made in the UK can be valid in Australia. In NSW, for example, a will made elsewhere is accepted as properly made if it meets the law of the place where it was signed, or where you lived, were domiciled or were a citizen. Using it here can still be slow, because the court may need to look at UK law. Many people keep a UK will for UK assets and make an Australian will for Australian ones.

• Ask your solicitor to word each will so it covers only its own country. A new will usually starts by cancelling all earlier ones
• Make sure the two wills name executors who can act in each country
• In several states, marriage cancels all or part of an existing will, and divorce cancels gifts to a former partner. Review your wills when your relationship changes

Naming a guardian for your children

You can name a guardian in your will to look after your children if you both die before they turn 18. Without one, anyone with an interest can apply to the court, which decides on the children’s best interests. Courts take your choice seriously, and the surviving parent normally keeps responsibility.

• Ask the people you choose first, and name a back-up
• If family are in the UK, think about who could step in quickly in Australia
• Leave money for the children’s care, often through a trust in the will

Your super is separate

Super isn’t automatically part of your estate. The fund decides who gets it unless you make a valid binding death benefit nomination. A lapsing nomination must be renewed every 3 years or it expires; some funds offer non-lapsing nominations. Each fund has its own rules, so check yours and put a renewal date in your diary. See What is super, and how does it work?.

If you can’t make decisions yourself

A will only works after death. Separate documents let someone act for you if you lose capacity. The names and forms differ by state, and the states have rules for recognising each other’s documents. If you move state, check yours still work.

A UK lasting power of attorney is made under UK law. Ask a solicitor whether it would be accepted here, and make Australian documents for life in Australia.

Making a will

Public trustees charge for running an estate if you name them as executor, so compare costs before you appoint one.

UK inheritance tax may still apply

Australia has no inheritance tax, though capital gains tax can apply when an heir later sells. The UK is different. Since 6 April 2025, UK inheritance tax on your worldwide assets depends on whether you’re a long-term UK resident: UK resident for at least 10 of the last 20 tax years. After you leave, you stay in scope for 3 to 10 tax years, depending on how long you lived in the UK. UK property is always in scope. The UK–Australia tax treaty doesn’t cover inheritance tax. See your UK tax, pension and property.