---
title: "Wills, Estates, Probate & Succession"
url: "https://ailawframework.com/practice/wills-estates-probate-and-succession"
type: "practice_area"
site: "AI Law Framework"
id: "A17"
task_count: 35
last_reviewed: "2026-10-10"
---

# Wills, Estates, Probate & Succession

> Start from confirmed instructions and the client’s circumstances. Review capacity, assets, beneficiaries, execution requirements and the consequences of each provision before finalising an instrument or estate decision.

Canonical page: https://ailawframework.com/practice/wills-estates-probate-and-succession  
Last reviewed: 2026-10-10

Site index for agents: https://ailawframework.com/llms.txt

Also covers: Wills and estates; estate planning; succession law; contentious probate; estate litigation; family provision; testamentary law; estate administration; elder law

Wills, estates, probate and succession practice encompasses the drafting of testamentary instruments, estate administration (obtaining grants of probate or letters of administration), family provision claims, estate litigation, and succession planning including trusts and superannuation nominations. The AI risk profile is severe at the drafting and litigation ends: hallucinated statutory thresholds, wrong jurisdictional rules, and fabricated case citations have already drawn disciplinary referrals in Australian courts (Oberoi v Douglas [2026] VSCA 31; Re Walker [2025] VSC 714), while the deeply personal and irreversible nature of testamentary instruments means an undetected AI error may not surface until after the client's death.

## Key facts

- Tasks: 35
- Green: 5, Yellow: 20, Red: 10
- Levels: Green is AI drafts and the lawyer checks; Yellow is lawyer and AI draft together; Red is the lawyer writes and AI may only check, clarify or collect data.

## Principles

- **Keep instructions and judgement personal**: The practitioner obtains the client’s wishes and assesses capacity, influence and urgency. AI can prepare questions or organise records but should not infer wishes or certify capacity.
- **Separate estate documents from assumptions**: Identify the actual will and codicils, the relevant jurisdiction and the applicant’s authority. Keep uncertain assets, relationships and dates visible instead of filling gaps with plausible answers.
- **Use one practical working schedule**: A document mismatch table or requisition response table can double as the review record. Preserve the source and the lawyer’s resolution of exceptions without creating parallel administration.

## Checklist

- Open each relied-on authority independently. Confirm its existence, current status, proposition and any quotation or pinpoint reference.
- Confirm each factual assertion with the witness and original record. Preserve the witness’s own knowledge and words, and check the court’s rules for this document.
- Calculate operative dates independently from the current rule and actual triggering event. Check exceptions and record the verified deadline.
- Check the current court or regulator requirements, prescribed form and attachments for the intended document and filing.
- Review operative clauses in the complete document, including definitions, cross-references, schedules and inconsistencies with the instructions.
- Confirm that the actual tool, feature and processing terms permit use of this information, including access, retention, training and disclosure conditions.
- Verify the applicable jurisdiction and the version of each relevant law, rule or instrument in force at the material time.
- Resolve exceptions and record the responsible lawyer’s approval of the exact output and intended use.

## Restrictions

- Confirm firm, client and applicable court or professional restrictions before using any AI feature.

## Jurisdiction note

Apply this guidance to the actual matter and jurisdiction. Confirm current requirements before relying on an example.

## Basis

Suggested practical workflows informed by current primary and professional sources. Confirm each source’s jurisdiction and scope.

## Current requirements

Keep instructions and judgement personal. The practitioner obtains the client’s wishes and assesses capacity, influence and urgency. AI can prepare questions or organise records but should not infer wishes or certify capacity.

## Current requirements

Separate estate documents from assumptions. Identify the actual will and codicils, the relevant jurisdiction and the applicant’s authority. Keep uncertain assets, relationships and dates visible instead of filling gaps with plausible answers.

## Current requirements

Use one practical working schedule. A document mismatch table or requisition response table can double as the review record. Preserve the source and the lawyer’s resolution of exceptions without creating parallel administration.

Also covers: Wills and estates; estate planning; succession law; contentious probate; estate litigation; family provision; testamentary law; estate administration; elder law

Wills, estates, probate and succession practice encompasses the drafting of testamentary instruments, estate administration (obtaining grants of probate or letters of administration), family provision claims, estate litigation, and succession planning including trusts and superannuation nominations. The AI risk profile is severe at the drafting and litigation ends: hallucinated statutory thresholds, wrong jurisdictional rules, and fabricated case citations have already drawn disciplinary referrals in Australian courts (Oberoi v Douglas [2026] VSCA 31; Re Walker [2025] VSC 714), while the deeply personal and irreversible nature of testamentary instruments means an undetected AI error may not surface until after the client's death.

## Limits on AI assistance

Red lines — never in this area

## Limits on AI assistance

AI must never conduct, document or produce a file note for the testamentary capacity or undue-influence assessment — this is a non-delegable professional judgment based on direct, contemporaneous client observation. An AI-generated capacity file note has no evidentiary value and may constitute a misleading record. AI must never generate the content of a sworn affidavit, witness statement or character reference filed in any court proceeding — this is an absolute prohibition under NSW Practice Note SC Gen 23 (effective 3 February 2025); the prohibition applies equally under Victorian Practice Note SC Gen 25 (effective 14 May 2026) and the Federal Court GPN-AI (effective 16 April 2026). A signed affidavit containing AI-generated factual assertions the deponent cannot personally attest to is a false statutory declaration. AI-generated case citations must never appear in a court document, advice letter or client correspondence without individual human verification on AustLII, Westlaw or LexisNexis — fabricated citations have triggered referrals to the Legal Services Commissioner in Victorian proceedings (Oberoi v Douglas [2026] VSCA 31; Re Walker [2025] VSC 714). Spot-checking is insufficient; every citation must be verified. AI must never advise on family provision limitation periods without the lawyer independently verifying the current statute in the specific state — the range across Australian jurisdictions spans 3 months from grant (Tas) to 12 months from death (NSW), and AI routinely applies NSW's longer period to other states. A missed limitation period is an immediate professional negligence exposure. AI must never state or imply that superannuation death benefits are governed by or distributed through the Will — this is factually wrong. Superannuation is governed by SIS Act Part 7A and the fund's trust deed. AI-generated estate plans that omit binding death benefit nominations or mischaracterise superannuation as an estate asset are a documented and common failure mode. AI must never be the sole source of cross-border or foreign succession law analysis — foreign law must be verified by a qualified lawyer in each relevant jurisdiction. AI has no access to foreign legal databases and its training data for non-Australian succession law is unreliable. AI-generated Will clauses must never be sent to a client for execution without a full word-for-word lawyer review. Testamentary errors are by definition irreversible after death — there is no post-death cure for a defective bequest. Confidential client information (asset details, family relationships, health and capacity information, family disputes) must never be entered into a public or non-contracted AI tool (ChatGPT, Gemini, Claude.ai etc.) — this breaches ASCR rule 9.1 (confidentiality) and the Australian Privacy Principles. The Law Society of NSW guidance (January 2026) characterises entering client information into a public LLM as 'akin to putting it into the public domain'. Only enterprise-contracted tools with documented data processing agreements are permissible. AI must never reference a Special Disability Trust registration requirement under the Corporations Act — the governing provision is Social Security Act 1991 (Cth) s 1209L. Citing the wrong Act in a client document or advice is a substantive error. AI must not be used to generate or assess elder financial abuse risk — the screening assessment depends on direct client observation and is a non-delegable professional judgment. An AI checklist cannot substitute for the lawyer personally interviewing the client alone.

- AI must never conduct, document or produce a file note for the testamentary capacity or undue-influence assessment — this is a non-delegable professional judgment based on direct, contemporaneous client observation. An AI-generated capacity file note has no evidentiary value and may constitute a misleading record.
- AI must never generate the content of a sworn affidavit, witness statement or character reference filed in any court proceeding — this is an absolute prohibition under NSW Practice Note SC Gen 23 (effective 3 February 2025); the prohibition applies equally under Victorian Practice Note SC Gen 25 (effective 14 May 2026) and the Federal Court GPN-AI (effective 16 April 2026). A signed affidavit containing AI-generated factual assertions the deponent cannot personally attest to is a false statutory declaration.
- AI-generated case citations must never appear in a court document, advice letter or client correspondence without individual human verification on AustLII, Westlaw or LexisNexis — fabricated citations have triggered referrals to the Legal Services Commissioner in Victorian proceedings (Oberoi v Douglas [2026] VSCA 31; Re Walker [2025] VSC 714). Spot-checking is insufficient; every citation must be verified.
- AI must never advise on family provision limitation periods without the lawyer independently verifying the current statute in the specific state — the range across Australian jurisdictions spans 3 months from grant (Tas) to 12 months from death (NSW), and AI routinely applies NSW's longer period to other states. A missed limitation period is an immediate professional negligence exposure.
- AI must never state or imply that superannuation death benefits are governed by or distributed through the Will — this is factually wrong. Superannuation is governed by SIS Act Part 7A and the fund's trust deed. AI-generated estate plans that omit binding death benefit nominations or mischaracterise superannuation as an estate asset are a documented and common failure mode.
- AI must never be the sole source of cross-border or foreign succession law analysis — foreign law must be verified by a qualified lawyer in each relevant jurisdiction. AI has no access to foreign legal databases and its training data for non-Australian succession law is unreliable.
- AI-generated Will clauses must never be sent to a client for execution without a full word-for-word lawyer review. Testamentary errors are by definition irreversible after death — there is no post-death cure for a defective bequest.
- Confidential client information (asset details, family relationships, health and capacity information, family disputes) must never be entered into a public or non-contracted AI tool (ChatGPT, Gemini, Claude.ai etc.) — this breaches ASCR rule 9.1 (confidentiality) and the Australian Privacy Principles. The Law Society of NSW guidance (January 2026) characterises entering client information into a public LLM as 'akin to putting it into the public domain'. Only enterprise-contracted tools with documented data processing agreements are permissible.
- AI must never reference a Special Disability Trust registration requirement under the Corporations Act — the governing provision is Social Security Act 1991 (Cth) s 1209L. Citing the wrong Act in a client document or advice is a substantive error.
- AI must not be used to generate or assess elder financial abuse risk — the screening assessment depends on direct client observation and is a non-delegable professional judgment. An AI checklist cannot substitute for the lawyer personally interviewing the client alone.

## Jurisdiction-specific considerations

Australian traps

## Jurisdiction-specific considerations

State fragmentation — no uniform succession statute: AI models consistently conflate eight distinct regimes. NSW: Succession Act 2006; Vic: Wills Act 1997 + Administration and Probate Act 1958; Qld: Succession Act 1981; SA: Succession Act 2023 (in force 1 Jan 2025, replacing the Administration and Probate Act 1919 (SA), Wills Act 1936 (SA) and Inheritance (Family Provision) Act 1972 (SA) — any AI trained before 2025 will apply the wrong SA Acts); WA: Wills Act 1970 + Family Provision Act 1972; Tas: Wills Act 2008 + Testator's Family Maintenance Act 1912; ACT: Wills Act 1968; NT: Wills Act 2000. Every AI output must be verified against the specific state statute. Family provision limitation periods — negligence hotspot across all states: NSW 12 months from death; Vic 6 months from grant; Qld 9 months from death (notice to executor required within 6 months); SA 6 months from grant (new from 1 Jan 2025); WA 6 months from grant; Tas 3 months from grant (shortest in Australia — AI almost never gets this right); ACT and NT have their own periods. AI defaults to NSW's longer period; applying it to Tasmanian or Victorian matters is an immediate negligence exposure. The lawyer must verify the applicable period directly from the current state statute on every matter. SA 2023 reforms — legislation AI will not know: The Succession Act 2023 (SA) expanded family provision eligibility (s 115(3)-(4) adds qualifying stepchildren), changed the substantive test (s 116(2) makes testator's intention the primary consideration), tightened parent and sibling claims, and introduced cost-security orders for meritless claims. AI trained before 2025 applies the entirely repealed SA framework. For any South Australian estate or South Australian domiciliary, the lawyer must apply the 2023 Act, not AI's output. Probate platform requirements — Victoria: All probate advertising notices must be published on RedCrest-Probate (mandatory from 11 November 2024, replacing POAS); electronic lodgement of applications has been mandatory since 1 July 2020. AI-drafted paper applications or POAS-format notices are non-compliant. Check for any further updates to filing fees (updated annually on 1 July) and processing requirements directly from the VSC Probate Office. Court AI disclosure and prohibition obligations — mandatory, jurisdiction-specific: (a) NSW Practice Note SC Gen 23 (effective 3 February 2025): absolute prohibition on AI generating content for affidavits, witness statements or character references; affidavits must include a declaration that AI was not used to generate content; other court documents require disclosure of AI use; (b) Victorian Practice Note SC Gen 25 (effective 14 May 2026): encourages but does not mandate disclosure; court users held personally responsible for accuracy of AI-assisted documents; referral to VLSB+C is an identified sanction; (c) Federal Court GPN-AI (effective 16 April 2026): requires particular caution with pleadings, submissions and evidence; disclosure of AI use may be required. Check the practice note for each court before filing any document prepared with AI assistance. Testamentary capacity — LPLC 'golden rule': The Victorian Legal Practitioners Liability Committee (LPLC) identifies failure to properly document testamentary capacity as a primary driver of professional indemnity claims in wills and estates. The 'golden rule' (Kenward v Adams (1975)) requires that where the testator's capacity is in doubt, the solicitor should have the Will executed in the presence of a medical practitioner who can certify capacity contemporaneously. AI-generated capacity checklists do not constitute compliance with this rule. Superannuation is not an estate asset — documented AI failure: AI-generated Wills and estate plans routinely fail to flag this distinction and sometimes draft super death benefit directions into the Will's residuary clause. SIS Act s 59(1A) makes death benefit payment subject to the fund's trust deed; the Will governs it only where the legal personal representative is validly nominated. Confirm the specific fund's deed before advising. Informal Wills — divergent state tests and evolving case law: All states have a judicial power to admit informal documents to probate, but the statutory tests differ. In Wheatley v Peek [2025] NSWCA 265 the NSW Court of Appeal admitted an iPhone note as an informal Will under Succession Act 2006 (NSW) s 8, overturning the first-instance decision (Peek v Wheatley [2025] NSWSC 554) — AI citing only the first-instance decision as the law is wrong. The applicable test in each state must be verified against the specific provision and current case law. Special Disability Trust registration — wrong statute is a known AI error: SDT requirements arise under Social Security Act 1991 (Cth) s 1209L, not the Corporations Act. AI frequently cites the wrong Act. Any SDT-related advice must cross-reference the Social Security Act 1991 and DSS guidelines directly. Regulatory baseline for all practitioners: The Law Society of NSW Solicitor's Guide to Responsible Use of AI (January 2026) and the December 2024 joint statement of VLSB+C, Law Society of NSW and Legal Practice Board WA are the current primary regulatory documents. Compliance with these is expected as a competence baseline under ASCR rule 4. Firms must have a documented data-classification policy governing which client information categories may be entered into any AI tool before deploying AI in estate matters. Digital assets — rapidly evolving law: The Corporations Amendment (Digital Assets — Financial Services) Act 2025 (Cth) has received royal assent but its interaction with succession law, estate administration and SMSF-held crypto is untested. Flag any digital asset succession advice as subject to ongoing legislative and regulatory development.

- State fragmentation — no uniform succession statute: AI models consistently conflate eight distinct regimes. NSW: Succession Act 2006; Vic: Wills Act 1997 + Administration and Probate Act 1958; Qld: Succession Act 1981; SA: Succession Act 2023 (in force 1 Jan 2025, replacing the Administration and Probate Act 1919 (SA), Wills Act 1936 (SA) and Inheritance (Family Provision) Act 1972 (SA) — any AI trained before 2025 will apply the wrong SA Acts); WA: Wills Act 1970 + Family Provision Act 1972; Tas: Wills Act 2008 + Testator's Family Maintenance Act 1912; ACT: Wills Act 1968; NT: Wills Act 2000. Every AI output must be verified against the specific state statute.
- Family provision limitation periods — negligence hotspot across all states: NSW 12 months from death; Vic 6 months from grant; Qld 9 months from death (notice to executor required within 6 months); SA 6 months from grant (new from 1 Jan 2025); WA 6 months from grant; Tas 3 months from grant (shortest in Australia — AI almost never gets this right); ACT and NT have their own periods. AI defaults to NSW's longer period; applying it to Tasmanian or Victorian matters is an immediate negligence exposure. The lawyer must verify the applicable period directly from the current state statute on every matter.
- SA 2023 reforms — legislation AI will not know: The Succession Act 2023 (SA) expanded family provision eligibility (s 115(3)-(4) adds qualifying stepchildren), changed the substantive test (s 116(2) makes testator's intention the primary consideration), tightened parent and sibling claims, and introduced cost-security orders for meritless claims. AI trained before 2025 applies the entirely repealed SA framework. For any South Australian estate or South Australian domiciliary, the lawyer must apply the 2023 Act, not AI's output.
- Probate platform requirements — Victoria: All probate advertising notices must be published on RedCrest-Probate (mandatory from 11 November 2024, replacing POAS); electronic lodgement of applications has been mandatory since 1 July 2020. AI-drafted paper applications or POAS-format notices are non-compliant. Check for any further updates to filing fees (updated annually on 1 July) and processing requirements directly from the VSC Probate Office.
- Court AI disclosure and prohibition obligations — mandatory, jurisdiction-specific: (a) NSW Practice Note SC Gen 23 (effective 3 February 2025): absolute prohibition on AI generating content for affidavits, witness statements or character references; affidavits must include a declaration that AI was not used to generate content; other court documents require disclosure of AI use; (b) Victorian Practice Note SC Gen 25 (effective 14 May 2026): encourages but does not mandate disclosure; court users held personally responsible for accuracy of AI-assisted documents; referral to VLSB+C is an identified sanction; (c) Federal Court GPN-AI (effective 16 April 2026): requires particular caution with pleadings, submissions and evidence; disclosure of AI use may be required. Check the practice note for each court before filing any document prepared with AI assistance.
- Testamentary capacity — LPLC 'golden rule': The Victorian Legal Practitioners Liability Committee (LPLC) identifies failure to properly document testamentary capacity as a primary driver of professional indemnity claims in wills and estates. The 'golden rule' (Kenward v Adams (1975)) requires that where the testator's capacity is in doubt, the solicitor should have the Will executed in the presence of a medical practitioner who can certify capacity contemporaneously. AI-generated capacity checklists do not constitute compliance with this rule.
- Superannuation is not an estate asset — documented AI failure: AI-generated Wills and estate plans routinely fail to flag this distinction and sometimes draft super death benefit directions into the Will's residuary clause. SIS Act s 59(1A) makes death benefit payment subject to the fund's trust deed; the Will governs it only where the legal personal representative is validly nominated. Confirm the specific fund's deed before advising.
- Informal Wills — divergent state tests and evolving case law: All states have a judicial power to admit informal documents to probate, but the statutory tests differ. In Wheatley v Peek [2025] NSWCA 265 the NSW Court of Appeal admitted an iPhone note as an informal Will under Succession Act 2006 (NSW) s 8, overturning the first-instance decision (Peek v Wheatley [2025] NSWSC 554) — AI citing only the first-instance decision as the law is wrong. The applicable test in each state must be verified against the specific provision and current case law.
- Special Disability Trust registration — wrong statute is a known AI error: SDT requirements arise under Social Security Act 1991 (Cth) s 1209L, not the Corporations Act. AI frequently cites the wrong Act. Any SDT-related advice must cross-reference the Social Security Act 1991 and DSS guidelines directly.
- Regulatory baseline for all practitioners: The Law Society of NSW Solicitor's Guide to Responsible Use of AI (January 2026) and the December 2024 joint statement of VLSB+C, Law Society of NSW and Legal Practice Board WA are the current primary regulatory documents. Compliance with these is expected as a competence baseline under ASCR rule 4. Firms must have a documented data-classification policy governing which client information categories may be entered into any AI tool before deploying AI in estate matters.
- Digital assets — rapidly evolving law: The Corporations Amendment (Digital Assets — Financial Services) Act 2025 (Cth) has received royal assent but its interaction with succession law, estate administration and SMSF-held crypto is untested. Flag any digital asset succession advice as subject to ongoing legislative and regulatory development.

## Risks to address

How it goes wrong

## Risks to address

Citation hallucination in court submissions: AI fabricates plausible-sounding estate and succession law authorities. This has produced a judicial reprimand and referral to the Victorian Legal Services Commissioner in Re Walker [2025] VSC 714 and Oberoi v Douglas [2026] VSCA 31. Published hallucination rates for legal case-finding are 17–88% (Magesh et al.; Dahl et al.). State-regime conflation in family provision advice: AI applies NSW's 12-month limitation period (from death) to Victorian (6 months from grant), Tasmanian (3 months from grant) or SA matters. A client who misses the correct period loses their claim; the solicitor faces a professional negligence suit. SA 2025 legislation blindspot: AI trained before 2025 applies the repealed Inheritance (Family Provision) Act 1972 (SA), Wills Act 1936 (SA) and Administration and Probate Act 1919 (SA) to South Australian estates — the entire analytical framework and the eligibility categories are wrong. Stepchildren who are newly eligible under Succession Act 2023 (SA) s 115(3)-(4) will be missed. Special Disability Trust statute error: AI routinely cites the Corporations Act rather than Social Security Act 1991 (Cth) s 1209L for SDT registration and eligibility requirements. Advice built on the wrong legislative foundation is substantively wrong. Superannuation nomination gap: AI-drafted Wills and estate plans routinely omit or misstate the superannuation death benefit framework; AI advice that 'super goes to the estate via the Will' is factually wrong and leads to unintended tax outcomes and distribution failures. Testamentary capacity substitution: AI-generated interview templates or file notes create an appearance of a structured capacity assessment without the lawyer having actually assessed the client — the file note fails if the Will is challenged and the lawyer cannot demonstrate personal, contemporaneous observation.

- Citation hallucination in court submissions: AI fabricates plausible-sounding estate and succession law authorities. This has produced a judicial reprimand and referral to the Victorian Legal Services Commissioner in Re Walker [2025] VSC 714 and Oberoi v Douglas [2026] VSCA 31. Published hallucination rates for legal case-finding are 17–88% (Magesh et al.; Dahl et al.).
- State-regime conflation in family provision advice: AI applies NSW's 12-month limitation period (from death) to Victorian (6 months from grant), Tasmanian (3 months from grant) or SA matters. A client who misses the correct period loses their claim; the solicitor faces a professional negligence suit.
- SA 2025 legislation blindspot: AI trained before 2025 applies the repealed Inheritance (Family Provision) Act 1972 (SA), Wills Act 1936 (SA) and Administration and Probate Act 1919 (SA) to South Australian estates — the entire analytical framework and the eligibility categories are wrong. Stepchildren who are newly eligible under Succession Act 2023 (SA) s 115(3)-(4) will be missed.
- Special Disability Trust statute error: AI routinely cites the Corporations Act rather than Social Security Act 1991 (Cth) s 1209L for SDT registration and eligibility requirements. Advice built on the wrong legislative foundation is substantively wrong.
- Superannuation nomination gap: AI-drafted Wills and estate plans routinely omit or misstate the superannuation death benefit framework; AI advice that 'super goes to the estate via the Will' is factually wrong and leads to unintended tax outcomes and distribution failures.
- Testamentary capacity substitution: AI-generated interview templates or file notes create an appearance of a structured capacity assessment without the lawyer having actually assessed the client — the file note fails if the Will is challenged and the lawyer cannot demonstrate personal, contemporaneous observation.

## Review checklist

The lawyer's review checklist

## Review checklist

Every case citation individually verified on AustLII, Westlaw or LexisNexis — not a spot-check; every citation. Documented AI citation hallucination rates are 17–88% across published studies; Re Walker [2025] VSC 714 and Oberoi v Douglas [2026] VSCA 31 are Australian estate-law examples of the consequences. Jurisdiction confirmed throughout: which state's succession Act, court rules, fee schedule and family provision regime applies — AI defaults to NSW or 'generic Australian' law are a systematic risk in an eight-regime area. Superannuation, jointly held assets, life insurance and trust assets identified and explicitly excluded from the estate; confirm AI has not drafted super death benefit directions into the Will or residuary clause. Family provision limitation period independently verified against the current statute in the specific state — not AI's summary of it; record the verified period and its statutory source in the file. Formal Will validity requirements checked: correct number of witnesses, testator signature placement, any alterations initialled, no beneficiary as witness, as required by the specific state's Wills Act. For SA matters: confirmed that the Succession Act 2023 (SA) (in force 1 Jan 2025) — not the repealed Inheritance (Family Provision) Act 1972 (SA), Administration and Probate Act 1919 (SA) or Wills Act 1936 (SA) — has been applied throughout. Court AI disclosure obligations met: if any document is filed in a court, confirm whether that court's practice note (NSW SC Gen 23; Vic SC Gen 25; Federal Court GPN-AI) requires a declaration or disclosure, and if so that the required statement is included. For NSW proceedings: confirm affidavit declares AI was not used to generate its content. Confirm that no confidential client information was entered into a non-contracted AI tool — check the workflow actually used, not just what the firm's policy states. This check must be documented.

- Every case citation individually verified on AustLII, Westlaw or LexisNexis — not a spot-check; every citation. Documented AI citation hallucination rates are 17–88% across published studies; Re Walker [2025] VSC 714 and Oberoi v Douglas [2026] VSCA 31 are Australian estate-law examples of the consequences.
- Jurisdiction confirmed throughout: which state's succession Act, court rules, fee schedule and family provision regime applies — AI defaults to NSW or 'generic Australian' law are a systematic risk in an eight-regime area.
- Superannuation, jointly held assets, life insurance and trust assets identified and explicitly excluded from the estate; confirm AI has not drafted super death benefit directions into the Will or residuary clause.
- Family provision limitation period independently verified against the current statute in the specific state — not AI's summary of it; record the verified period and its statutory source in the file.
- Formal Will validity requirements checked: correct number of witnesses, testator signature placement, any alterations initialled, no beneficiary as witness, as required by the specific state's Wills Act.
- For SA matters: confirmed that the Succession Act 2023 (SA) (in force 1 Jan 2025) — not the repealed Inheritance (Family Provision) Act 1972 (SA), Administration and Probate Act 1919 (SA) or Wills Act 1936 (SA) — has been applied throughout.
- Court AI disclosure obligations met: if any document is filed in a court, confirm whether that court's practice note (NSW SC Gen 23; Vic SC Gen 25; Federal Court GPN-AI) requires a declaration or disclosure, and if so that the required statement is included. For NSW proceedings: confirm affidavit declares AI was not used to generate its content.
- Confirm that no confidential client information was entered into a non-contracted AI tool — check the workflow actually used, not just what the firm's policy states. This check must be documented.

## Tasks (35)

| Task | Level | How AI is used | What the lawyer must review |
| --- | --- | --- | --- |
| [Reconcile the documents for a probate or administration application](https://ailawframework.com/practice/wills-estates-probate-and-succession/reconcile-the-documents-for-a-probate-or-administration-application.md) | Yellow | Compare names, dates, executors and the asset inventory across the supplied documents, and prepare a table of differences for review. | Check the original testamentary documents Confirm the correct applicant and grant type Check the inventory and current filing requirements before completing… |
| [Prepare questions for a will-instructions meeting](https://ailawframework.com/practice/wills-estates-probate-and-succession/prepare-questions-for-a-will-instructions-meeting.md) | Red | Turn the supplied background into an open-question agenda and a blank note structure. Leave answers for the practitioner to record from the client. | Take instructions directly Assess capacity and influence Decide whether further enquiries or clinical input are needed Do not treat an AI note as evidence of… |
| [Turn a probate requisition into a response checklist](https://ailawframework.com/practice/wills-estates-probate-and-succession/turn-a-probate-requisition-into-a-response-checklist.md) | Yellow | Break the Court’s requisition into separate requests and map each to the existing evidence, missing material and proposed response document. | Read the actual requisition Obtain genuine missing evidence Check each proposed response against the Court's requirements before filing |
| Prepare the will-instructions pack: capacity, undue-influence and family notes | Red | From the intake, draft an instructions summary, a family and beneficiary tree, and capacity and undue-influence warning signs for the lawyer to test at the… | Assess capacity and undue influence yourself Do not let the pack replace the interview |
| Screen estate-planning instructions for elder financial abuse | Red | From the instructions and permitted documents, list red flags (sudden changes, new companions, isolation, inconsistent reasons) for the lawyer. | Do the screening yourself; do not accuse from a generated list Keep safety and reporting duties with the lawyer |
| [Draft a standard will from the signed instructions](https://ailawframework.com/practice/wills-estates-probate-and-succession/draft-a-standard-will-from-the-signed-instructions.md) | Yellow | Produce a first-draft will from the instructions note and the firm's precedent, with a list of gifts, substitutes and executor details to confirm. | Read the draft against the instructions and the client's actual family Handle execution formalities yourself |
| [Prepare death-benefit nomination steps against the fund deed](https://ailawframework.com/practice/wills-estates-probate-and-succession/prepare-death-benefit-nomination-steps-against-the-fund-deed.md) | Yellow | From the fund deed and nomination papers, list valid nomination types, renewal dates and eligible nominees, with a list of deed clauses still to confirm. | Remember death benefits follow the fund deed, not the will Confirm dependant status Confirm whether this fund allows a binding or non-lapsing nomination… |
| Prepare the probate or letters-of-administration application pack | Yellow | From the will, death certificate and asset list, draft the application, inventory and a requisition-risk checklist. | Confirm the original will, the correct applicant and current filing requirements Reconcile the source documents as a separate step; this is the application pack |
| Build the estate administration ledger: creditors, assets and distributions | Yellow | From bank statements, titles and bills, draft a working ledger of assets, liabilities, creditor notices and proposed distributions, with gaps flagged. | Keep the executor's accounts with the lawyer or the executor Do not distribute from a generated ledger |
| Assess family-provision, further-provision or elective-share eligibility from the file | Red | From the will, family tree and estate values, table possible claimants, limitation dates and document gaps. | Decide eligibility and prospects yourself Verify the current statute in the estate's jurisdiction |
| Build a will-validity issues list: execution, capacity and suspicious circumstances | Yellow | From the will, medical notes the lawyer has cleared, and correspondence, list execution defects, capacity evidence and suspicious-circumstance indicators. | Leave validity to the court Do not load health records without clearance |
| Draft affidavits and submissions for a contested estate | Red | The tool writes no part of the affidavits. In this task the tool writes no part of the submissions either, because they restate the sworn material.… | The lawyer writes the affidavits from the deponent's own account and writes the submissions. The deponent reads and adopts the evidence before swearing.… |
| [Map cross-border estate issues: assets, grants and choice of law](https://ailawframework.com/practice/wills-estates-probate-and-succession/map-cross-border-estate-issues-assets-grants-and-choice-of-law.md) | Red | From the asset list, table countries, likely grant requirements, tax flags to refer out, and documents still needed. | Decide the conflict-of-laws questions yourself Instruct local counsel; do not give foreign-law advice from a generated map |
| [List digital-asset and online-account steps for the estate](https://ailawframework.com/practice/wills-estates-probate-and-succession/list-digital-asset-and-online-account-steps-for-the-estate.md) | Yellow | From the instructions and device/account list, draft a steps list (access, 2FA, exchange, social media) and a document request. | Check whether access needs a grant or provider process Do not use the deceased's passwords unlawfully |
| Draft executor and beneficiary letters from the administration file | Yellow | Draft reporting letters, information requests and distribution explanations from the ledger and the will. | Decide tone and legal content yourself Check names and shares Check you are not giving tax advice the firm has not been retained for |
| Prepare a creditor-notice and claims timetable from the grant | Yellow | From the grant and the estate's jurisdiction, draft a creditor-notice text, publication checklist and a claims-close diary. | Confirm the current statutory notice method and period Do not distribute early; it is an executor risk |
| [Run a Victorian remote will execution under the Wills Act 1997](https://ailawframework.com/practice/wills-estates-probate-and-succession/run-a-victorian-remote-will-execution-under-the-wills-act-1997.md) | Red | Build the remote-execution checklist: AVL, participants physically in Victoria, special witness, certifications. | Supervise execution and confirm each statutory step. |
| Draft first-cut will clauses from structured instructions | Yellow | Turn the instruction sheet into draft clauses using the firm precedent. | Lawyer settles every clause; check capacity, execution and gifts law for the State. |
| Summarise a deceased estate's documents into an asset and liability schedule | Green | Extract assets, liabilities and account details from statements into a schedule. | Reconcile against source statements and searches. |
| Draft a family provision claim chronology from the file | Yellow | Build a dated chronology of relationships, contributions and needs from the documents. | Verify each entry; do not upload sensitive material to public tools. |
| Draft a plain-language letter to beneficiaries about the administration steps | Green | Draft an update explaining probate, timing and distribution steps. | Lawyer confirms facts, timing and jurisdiction-specific steps. |
| Check a draft will for internal inconsistencies | Green | Flag inconsistent names, gifts, residuary clauses and defined terms. | Lawyer resolves every flag; AI check supplements proofreading. |
| Draft a warning to clients about AI-generated wills | Green | Explain formal-validity risks. | Lawyer approves. |
| Compare an AI-generated will with a lawyer-drafted precedent | Yellow | Flag gaps. | Lawyer reviews. |
| Draft informal-will application evidence outline | Red | Outline evidence for a court application. | Lawyer settles. |
| Draft the affidavit in support of a grant of probate in the Supreme Court of New South Wales | Red | Do not generate the affidavit. The lawyer may use a tool only to list the will-file documents the deponent will cover. | The deponent's affidavit is taken in the deponent's own account. Disclose that generative AI was not used to generate its content. |
| Prepare a chronology and index of the will file for a Supreme Court of New South Wales probate application | Green | List dates and document titles from the will file into a chronology and index. | Check every date and title against the will file before the chronology is used. |
| Draft the affidavit supporting a probate application in the Supreme Court of Victoria | Yellow | Produce a draft affidavit from the will and the executor's instructions for the lawyer to verify. | A person fact-checks, proofreads and confirms every fact. Asking one artificial intelligence tool to confirm what another produced is not verification.… |
| Prepare the inventory of estate assets for a Supreme Court of Victoria probate application | Yellow | List assets and values from the estate documents into an inventory. | Match every asset and value to an estate document. Remove anything the documents do not show. |
| Prepare the affidavit of assets and liabilities for a Supreme Court of South Australia probate application | Yellow | List assets and liabilities from the estate file for the affidavit. | Read the South Australian courts' generative AI guidelines and check whether this probate application is a proceeding they cover.… |
| Draft the executor's affidavit for a grant of probate in the Supreme Court of Western Australia | Red | Do not substitute the executor's words. The lawyer may list the probate documents the executor will address. | The affidavit stays in the executor's own words. The lawyer who files it is responsible for it. |
| Draft written submissions on a contested probate caveat in the Supreme Court of New South Wales | Yellow | Draft submissions from the pleadings and the authorities the lawyer has opened. | Verify in the body that every citation exists, is accurate and is relevant. Do not let a generative AI tool be the only check. |
| [Prepare a contentious NSW estate affidavit or submission under SC Gen 23](https://ailawframework.com/practice/wills-estates-probate-and-succession/prepare-a-contentious-nsw-estate-affidavit-or-submission-under-sc-gen-23.md) | Yellow | Prepare a chronology from the disclosed documents for the lawyer to use in a Supreme Court estate proceeding. | Practice Note SC Gen 23 applies to all Supreme Court proceedings from 3 February 2025, including probate and family-provision litigation in that Court.… |
| [Prepare a South Australian probate or estate court step under the Gen AI guidelines](https://ailawframework.com/practice/wills-estates-probate-and-succession/prepare-a-south-australian-probate-or-estate-court-step-under-the-gen-ai.md) | Yellow | Turn instructions into a draft chronology or submission for a step in a listed South Australian court. | The guidelines apply from 1 January 2026 to steps under the Uniform Civil Rules in the Supreme Court and the other listed courts. They do not ban affidavits.… |
| [Check the Tasmanian, ACT or NT Supreme Court index before assuming an AI practice direction](https://ailawframework.com/practice/wills-estates-probate-and-succession/check-the-tasmanian-act-or-nt-supreme-court-index-before-assuming-an-ai.md) | Yellow | Compare the court's practice-direction index with the filing checklist for an estate proceeding. | On 10 October 2026 the Tasmanian practice directions index, the ACT Supreme Court practice directions list and the Northern Territory current practice… |

## Jurisdiction notes

### Australia

- No AI content in a filed affidavit, witness statement or reference: NSW SC Gen 23 (3 February 2025), Vic SC Gen 25 (14 May 2026), Federal Court GPN-AI (16 April 2026).
- Verify every citation on AustLII, Westlaw or LexisNexis; spot checks are not enough. Oberoi v Douglas [2026] VSCA 31 and Re Walker [2025] VSC 714 brought referrals.
- Special Disability Trusts are governed by Social Security Act 1991 (Cth) s 1209L, not the Corporations Act. Citing the wrong Act is a substantive error.

Sources:

- [Supreme Court of Victoria: How to apply for probate or administration](https://www.supremecourt.vic.gov.au/wills-and-probate/how-to-apply-for-a-grant-of-probate-or-administration) (checked 2026-09-16)
- [Law Society of NSW: Wills and estates frequently asked questions](https://www.lawsociety.com.au/resources/resources/my-practice-area/elder-law/wills-estates-FAQ) (checked 2026-09-16)

### New Zealand

#### Wills

Wills Act 2007. Most of its new powers do not apply to wills made before 1 November 2007.

#### Intestacy and grants

Administration Act 1969.

#### Claims against estates

Family Protection Act 1955 and Law Reform (Testamentary Promises) Act 1949. No Australian family-provision eligibility list.

#### Superannuation

A KiwiSaver or scheme question, not an SIS binding nomination.

Sources:

- [Wills Act 2007](https://www.legislation.govt.nz/act/public/2007/36/en/latest/) (checked 2026-09-23)
- [NZLS: Making a will and estate administration](https://www.lawsociety.org.nz/for-the-public/common-legal-issues/making-a-will-and-estate-administration/) (checked 2026-09-23)
- [Administration Act 1969](https://www.legislation.govt.nz/act/public/1969/52/en/latest/) (checked 2026-09-23)
- [Family Protection Act 1955](https://www.legislation.govt.nz/act/public/1955/88/en/latest/) (checked 2026-09-23)
- [Ministry of Justice: Family Court legislation and rules](https://www.justice.govt.nz/family/family-court/about-the-family-court/family-court-legislation-and-rules/) (checked 2026-09-23)
- [KiwiSaver Act 2006](http://www.legislation.govt.nz/act/public/2006/0040/latest/DLM378372.html) (checked 2026-09-23)

### United States

Local name: Wills, estates, probate and succession

#### State law

State law governs this work. Check the statutes, court rules and conduct rules of the state where the matter is. Do not import an Australian statute, form or court AI practice note.

#### Wills

Probate codes, will formalities and intestacy are state law. Check generated clauses against instructions and the execution statute of the state of domicile.

Sources:

- [ABA Formal Opinion 512, Generative Artificial Intelligence Tools (29 July 2024)](https://www.americanbar.org/content/dam/aba/administrative/professional_responsibility/ethics-opinions/aba-formal-opinion-512.pdf) (checked 2026-09-23)

## Sources

- [Supreme Court of Victoria: How to apply for probate or administration](https://www.supremecourt.vic.gov.au/wills-and-probate/how-to-apply-for-a-grant-of-probate-or-administration) (checked 2026-09-16)
- [Law Society of NSW: Wills and estates frequently asked questions](https://www.lawsociety.com.au/resources/resources/my-practice-area/elder-law/wills-estates-FAQ) (checked 2026-09-16)

*Practice guidance for planning and review. Confirm current primary sources and the requirements of the actual matter. This is general information, not legal advice.*