Here’s a concise, practical guide to estate and succession planning in Australia — key concepts, common problems to avoid, and practical next steps. I’ve cited up‑to‑date sources for the most important, changeable points (probate/intestacy, superannuation death benefits, binding nominations, family provision claims, and powers of attorney).

Key elements of an Australian estate plan

• Will: the primary document that states who gets your assets and who will be your executor. Without a valid will your estate is distributed under intestacy laws (state/territory rules), which may not match your wishes. (lawsociety.com.au)
• Executor: the person (or professional) you appoint to administer your estate. Executors generally must apply for Probate if required by the banks or the court. (lawsociety.com.au)
• Enduring Power of Attorney (financial) / Enduring Guardian (health): documents that appoint someone to manage your finances or health decisions if you lose capacity. They are state-based and must be prepared to state requirements. (lawsociety.com.au)
• Superannuation nominations: super death benefits do not automatically form part of your estate and are paid by the fund to dependants or the legal personal representative (executor) — so making a valid binding death benefit nomination (BDBN) is crucial to control who receives your super. Rules differ by fund (APRA funds vs SMSFs) and nominations can be lapsing or non‑lapsing depending on the fund/trust deed. (brightersuper.com.au)
• Testamentary trusts and other structures: used where asset protection, tax planning for beneficiaries or means‑tested benefits are considerations (discuss with a lawyer/accountant).
• Advance healthcare directive / funeral directions: include your healthcare wishes and practical instructions.

Important practical/legal points (sources cited)

• Intestacy and probate timing: If you die without a valid will, the court will appoint an administrator and state intestacy rules decide distribution. Probate (or Letters of Administration) is often required to access some assets; courts commonly require probate applications within six months (state rules vary) and processing times vary by state. Expect administration to commonly take months (6–12 months typical for uncontested matters). (lawsociety.com.au)
• Binding death benefit nominations (super): a correctly completed binding nomination (BDBN) can require the super trustee to pay the death benefit according to your directions, but the form and validity rules differ by fund and sometimes by SMSF trust deed. Many binding nominations lapse after three years unless the fund specifically allows non‑lapsing nominations — check your fund’s rules and renew if necessary. Also note recent reporting and policy attention on cases (e.g., where perpetrators have received super benefits), so consider the appropriateness of nominations in family‑violence contexts. (lawsociety.com.au)
• Who can receive super: trustees must generally pay to dependants (spouse, children, certain interdependent persons) or to the legal personal representative; a valid binding nomination usually controls. If there’s no valid nomination the trustee applies the trust deed/legislation to decide. (brightersuper.com.au)
• Family provision (claims against a will): eligible people (usually close family/dependants) can apply to the court for provision if they claim the will did not make adequate provision. These are state‑based and time‑sensitive — potential claims are a major reason to seek specialist advice when planning. (lawsociety.com.au)

Common pitfalls to avoid

• Assuming superannuation automatically follows your will. It usually does not — make a proper binding nomination and check the fund’s rules. (brightersuper.com.au)
• Letting binding nominations lapse (many funds require renewal every 3 years unless otherwise permitted). (lawsociety.com.au)
• Relying on informal arrangements (e.g., verbal promises or handwritten notes) — they are often ineffective and lead to disputes. (lawsociety.com.au)
• Not updating documents after marriage, divorce, birth of children, moving assets interstate/cross‑border, or significant changes in financial position — update wills, nominations, powers of attorney. (lawsociety.com.au)

Practical, step‑by‑step checklist

1. Make a valid will (state requirements apply): appoint an executor, name guardians for minor children and specify gifts and residuary estate. Keep the original in a safe but accessible place and tell your executor where it is. (lawsociety.com.au)
2. Create enduring powers of attorney (financial) and an advance care directive/enduring guardian (health) according to your state rules. (lawsociety.com.au)
3. Review and, if appropriate, make a binding death benefit nomination with each super fund (check whether it lapses and whether your fund allows non‑lapsing nominations). For SMSFs, check the SMSF trust deed and SMSF rules. Renew BDBNs as required. (lawsociety.com.au)
4. List assets, liabilities, and digital accounts; keep a current letter of wishes (non‑binding but helpful to executors).
5. Consider testamentary trusts, life insurance ownership structures, or other arrangements if you have blended families, beneficiaries with special needs, or asset‑protection/tax concerns — get lawyer/accountant advice.
6. Review with each major life event (marriage/divorce, children, significant asset changes, interstate moves).
7. Keep evidence of capacity when signing a will or BDBN (especially if signing near times of illness or reduced capacity).

When to get professional help

• If your estate is complex (business, SMSF, multiple properties, international assets), you have a blended family, a potential family provision claimant, or you want tax/asset‑protection advice — engage a specialist wills & estates solicitor and/or an accountant experienced in succession planning. (willisbowring.com.au)
• If you need to contest a will or defend a family provision claim — get a specialist lawyer early (claims are time‑limited). (lawsociety.com.au)

Useful next steps you can do today

• Check whether you have a valid will and where the original is stored.
• Check each super fund’s nomination status and whether any BDBNs you have are still valid or have lapsed. If unsure, request the fund’s BDBN form and read the fund deed terms. (brightersuper.com.au)
• Collect a list of assets/contacts for your executor and draft a short letter of wishes.
• Book an appointment with a local wills & estates solicitor or legal clinic to prepare or review documents (look for a specialist in your state/territory).

If you’d like, I can:

• Provide a short template checklist to give your solicitor at the first meeting (assets, debts, family tree, key documents), or
• Find recommended NSW/VIC/QLD/WA wills & estates lawyer firms or pro‑bono/legal-aid resources in a specific Australian state (tell me the state).

If you want the checklist or state‑specific lawyer/referral list, tell me which Australian state or territory you’d like resources for and I’ll pull current, local options and forms.