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
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Newest law stated as at
17 October 2026
Guidance for this area
Tasks and AI use in Wills, Estates, Probate & Succession
Precedents for Wills, Estates, Probate & Succession
PrecedentKindWhere it appliesAI useLaw 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.ChecklistNew South Wales, Victoria, Queensland Red17 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).OtherNew South Wales Yellow17 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 documentNew South Wales Red17 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.NoticeNew South Wales Yellow17 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.LetterNew South Wales, Victoria, Queensland Red17 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.ChecklistNew South Wales, Queensland Yellow17 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.

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