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ARTICLE · 25 SEPTEMBER 2024

Succession Act to make challenging difficult

The Succession Act brings together what was previously dealt with in 3 Acts. It aims to make challenging a Will more difficult.

AustraliaFamily and Matrimonial

Late last year the Succession Act 2023 was passed by Parliament and comes into effect on 1 January 2025.

What is the Succession Act? Whilst there are technical descriptions for what it deals with, in everyday terms, think all things related to wills, estates and inheritance. It brings together what was previously dealt with in three Acts.

In basic terms, when a person passes away, any assets he or she has comprise that person's 'estate'. What happens to these assets is typically set out in a person's will.

Whilst a will may say what should happen to these assets, this is able to be challenged and people can claim that they should either receive something (when the will does not give them anything) or receive more from the estate than they have been (where they are left something in the will).

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