Precedents: Wills, Estates, Probate & Succession
6 starting-point precedents for this area. Each one names the law it rests on and says how far AI may help.
- Precedents in this area
- 6
- Full text
- For signed-in accounts
- Newest law stated as at
- 17 October 2026
- Guidance for this area
- Tasks and AI use in Wills, Estates, Probate & Succession
| Precedent | Kind | Where it applies | AI use | Law stated as at |
|---|---|---|---|---|
| Will instructions, capacity and undue influence checklist (NSW, with other state notes)Checklist for taking will instructions in NSW: seeing the will-maker alone, testing capacity against Banks v Goodfellow, spotting undue influence and suspicious circumstances, mapping assets outside the estate, family provision risk and an execution plan. | Checklist | New South Wales, Victoria, Queensland | Red | 17 October 2026 |
| Will with optional testamentary discretionary trusts (NSW)NSW will precedent leaving the estate to a spouse with a survivorship period, then to children outright or through optional testamentary discretionary trusts, with executor and trustee powers and NSW attestation clauses (in person or by audio visual link). | Other | New South Wales | Yellow | 17 October 2026 |
| Probate application pack (Supreme Court of NSW): notice, summons, affidavit and inventory guideLink to the Supreme Court of NSW probate forms page with a step-by-step guide: the 14-day online notice, the documents that accompany the summons, the executor's affidavit (UCPR Form 118), the inventory, requisitions, and SC Gen 23 limits on AI. | Court document | New South Wales | Red | 17 October 2026 |
| Notice of intended distribution of an estate (NSW): when and how to publish, and the protection it givesGuide to publishing a notice of intended distribution on the NSW Online Registry under s 92 of the Probate and Administration Act and s 93 of the Succession Act, with the timing rules, the limits of the protection, and an executor's distribution diary. | Notice | New South Wales | Yellow | 17 October 2026 |
| Letter of advice on a family provision claim (NSW; claimant or estate)Advice letter for a potential claimant or an executor on a NSW family provision claim: eligibility, the 12-month time limit, the two-stage test, the s 60 factors, notional estate, costs and mediation, with Victorian and Queensland notes. | Letter | New South Wales, Victoria, Queensland | Red | 17 October 2026 |
| Checklist: verifying AI-assisted will drafts and handling AI-made or electronic informal willsTwo-part AI checklist: (A) verifying a will draft prepared with AI help before it is signed, and (B) assessing, preserving and proving a deceased's AI-generated, digital or unsigned document as an informal will, with a client warning about DIY AI wills. | Checklist | New South Wales, Queensland | Yellow | 17 October 2026 |
AI use levels: Green means AI can do most of the drafting and a lawyer reviews it. Yellow means AI helps in set ways and a lawyer checks specific points. Red means a lawyer does the work and AI stays out of the decisive steps.