Wills, Probate & Estate Administration: Senior Counsel for Your Family’s Legacy

The transition of wealth from one generation to the next is more than a series of legal filings; it is the final stewardship of a lifetime’s hard work and the foundation for your family’s future. In Australia, estate law is currently undergoing a period of significant modernization. With the full implementation of the Succession Act 2023 in South Australia in 2025 and similar legislative updates across other states, the rules governing how we leave our assets have never been more complex—or more critical to get right.

At The Online Lawyer, we provide elite, senior-level estate planning and probate services delivered entirely online. Led by Robert Mulley, a legal practitioner admitted to the Supreme Court of New South Wales in 1979, our firm brings over 45 years of experience to your kitchen table. Robert has seen the evolution of estate law from handwritten ledgers to the digital-first court registries of 2026.

Whether you are seeking to draft a robust Will that protects against future challenges, or you have been tasked with the significant responsibility of being an Executor, we provide the seasoned, empathetic, and strategic guidance you need.

Why Senior Legal Oversight is Essential for Your Estate

Many Australians believe that a “DIY” Will kit or a basic online template is sufficient. However, in an era of blended families, self-managed superannuation funds (SMSFs), and digital assets, the risks of an improperly drafted Will are immense. A single ambiguity can lead to years of litigation, draining the very inheritance you intended to protect.

The Mulley Advantage:

  • 45+ Years of Precedent: Robert Mulley understands how “Family Provision” claims work in practice. He knows how to draft Wills that are “challenge-resistant.”
  • Direct Senior Advocacy: Your estate plan is not a “set and forget” document generated by an algorithm. It is a strategic legal instrument reviewed and finalized by a senior solicitor.
  • National Digital Proficiency: We utilize the latest online court portals, such as CourtSA and the NSW Online Registry, to file Probate applications swiftly, reducing the time families spend in “legal limbo.”

Our Wills & Estates Practice Areas

We provide comprehensive support for every stage of the estate lifecycle, from the first draft of a Will to the final distribution of assets.

Strategic Will Drafting & Estate Planning

A Will is only one piece of the puzzle. We look at your entire financial landscape to ensure nothing is left to chance.

  • Testamentary Trusts: Creating trusts within your Will to provide tax efficiencies for your beneficiaries and protect assets from their creditors or relationship breakdowns.
  • Blended Family Strategies: Ensuring your current spouse is provided for while guaranteeing that your children from previous relationships ultimately receive their inheritance.
  • Superannuation Death Benefits: Navigating the complex rules that determine how your super—often your largest asset—is distributed outside of your Will.
  • Digital Assets: Including specific provisions for your cryptocurrency, social media accounts, and digital intellectual property.

Grants of Probate & Letters of Administration

When a loved one passes away, the court must “prove” the Will before the Executor can distribute the assets. We handle this process with sensitivity and speed.

  • Probate Applications: Managing the advertising, affidavit drafting, and electronic filing required by the Supreme Court.
  • Letters of Administration: Providing essential help when someone dies “Intestate” (without a Will), navigating the strict statutory formulas that determine who inherits.
  • Complex Probate: Resolving issues with “informal” Wills, such as those found in text messages or unsigned documents.

Estate Administration & Executor Support

Being an Executor is a heavy legal burden. You can be held personally liable for mistakes. We assist you with:

  • Asset Collection: Identifying and securing bank accounts, shares, and real estate.
  • Debt Settlement: Ensuring all tax liabilities and creditors are paid in the correct order of priority.
  • Final Distribution: Providing the legal protection you need when handing over assets to beneficiaries.

Contesting & Defending Wills (Inheritance Disputes)

If you have been unfairly excluded from a Will, or if you are an Executor facing a challenge, we provide senior-level litigation support.

  • Family Provision Claims: Seeking a “larger share” of an estate based on financial need and the deceased’s moral obligation.
  • Capacity Challenges: Arguing that the deceased did not have the “testamentary capacity” (mental clarity) to sign the Will.
  • Undue Influence: Investigating situations where a vulnerable person was pressured into changing their Will.

Powers of Attorney & Enduring Guardianship

Estate planning isn’t just about what happens after you die; it’s about who looks after you while you are alive but unable to make decisions.

  • Enduring Power of Attorney: Appointing a trusted person to manage your finances.
  • Enduring Guardianship: Appointing someone to make medical and lifestyle decisions for you.

The “Online Lawyer” Experience: Respectful & Remote

Managing a deceased estate is emotionally taxing. Our 100% online model is designed to minimize your stress:

No Need to Travel

Meet with Robert via secure video link from the comfort of your home. This is especially helpful for grieving families or elderly clients.

Secure Digital Vaults

We use high-level encryption to handle sensitive documents like death certificates, property titles, and financial statements.

Transparent Fixed Fees

For standard Probate applications and Will drafting, we offer clear, upfront pricing. You will know the cost before we start.

Speed of Service

Digital filing means we can often obtain a Grant of Probate weeks faster than firms relying on traditional post and paper filings.

Frequently Asked Questions: Wills & Probate

Probate is a court order that confirms a Will is valid and gives the Executor the authority to deal with the assets. You generally need it if the deceased owned real estate or had significant funds (usually over $50,000) in a bank account. If assets were held “jointly,” Probate may not be required for those specific items.

This is called dying “Intestate.” Your assets are distributed according to a strict legal formula set by state law (e.g., the Succession Act). This formula often doesn’t align with people’s actual wishes—for example, it may split assets between a spouse and children in a way that forces the sale of the family home.

You have “testamentary freedom,” but it is not absolute. In Australia, certain people (spouses, children, and sometimes dependents) can make a “Family Provision Claim” if they haven’t been left enough for their “proper maintenance and support.” We use senior strategies to minimize the success of such claims.

Once the application is filed via the online court portal, many registries are now issuing grants within 2 to 4 weeks, provided there are no complications. The overall administration of the estate (collecting assets and paying debts) usually takes 6 to 12 months.

Not automatically. Superannuation is held in a trust. To ensure it goes where you want, you usually need a Binding Death Benefit Nomination (BDBN). Without this, the trustee of the super fund decides who gets the money, which can lead to major disputes.

It is a trust created by your Will that only comes into existence after you die. It allows your beneficiaries to manage their inheritance in a tax-effective way and can protect the assets if a beneficiary gets divorced or goes bankrupt.

In recent years, Australian courts have accepted “wills” written in the “Notes” app of an iPhone, in text messages, or even recorded on video. However, these are extremely expensive to prove in court. A professionally drafted, signed, and witnessed Will remains the only way to ensure your wishes are followed without a fight.

An Executor should be someone who is organized, trustworthy, and likely to outlive you. Many people choose their spouse or adult children. You can also appoint a professional Executor (like a lawyer) if your estate is complex or if you fear family conflict.

Australia does not have “Inheritance Tax” or “Death Duties.” However, there can be significant Capital Gains Tax (CGT) implications when assets are sold by an estate or transferred to beneficiaries. We provide the senior legal oversight needed to manage these tax risks.

Yes, as long as you have the mental capacity to do so. You can either make a new Will (which revokes the old one) or add a “Codicil” (an amendment). We generally recommend making a fresh Will to ensure the document is clear and cohesive.

It is a document that gives someone the power to manage your financial affairs if you lose the capacity to do so yourself (e.g., due to dementia or a stroke). An “Enduring” power continues even after you lose capacity, whereas a “General” power stops.

This usually requires medical evidence from a GP or geriatrician. The test is whether the person understood what a Will was, what assets they owned, and who they had a moral obligation to provide for at the time they signed the document.

This is a complex area of law where an older person pays for an extension or a right to live in a child’s home in exchange for care. It has significant impacts on Centrelink and the estate. We provide specialized advice to ensure these arrangements are legally sound.

We offer fixed-fee pricing for standard Wills and Powers of Attorney. For complex estates involving multiple trusts or business structures, we provide a clear, transparent quote based on the work required.

Because with 45 years of experience, Robert Mulley doesn’t just “fill in the blanks.” He understands the human stories and the legal traps that define estate law. You get the protection of a senior solicitor with the ease of a modern, online service.