9 Estate Planning Statistics Every Australian Should Know (2026)

Estate planning is something most Australians know they should do, but it’s easily pushed to the bottom of the to-do list. The result? Millions of families face uncertainty, court disputes, and unintended asset distribution during an already difficult time.

These estate planning statistics in Australia highlight why so many families remain exposed to avoidable uncertainty. Here are nine important insights about wills and estate planning in Australia—and why taking action is more critical than ever.

1. The estate planning gap

Despite the benefits of having a legally binding will, a significant portion of the country is without one.

Nearly half of Australians don’t have a will

Around 40–58% of Australians do not have a will. Surveys vary: one Australian survey found only 42% of adults have a current will, while news.com.au reported 52% of adults don’t have a will. When someone dies without a will (known as dying intestate), their estate is distributed according to state laws, completely bypassing their personal wishes.

93% of over-70s have a will—younger adults are less likely to have one

Will-making is heavily skewed toward older generations. According to the Australian Law Reform Commission (citing Tilse et al 2015), almost 60% of all adults have a will—but that figure jumps to 93% for Australians aged over 70. Younger adults are less likely to have a will, despite often having superannuation, property, or dependants.

If you’re among the many Australians without a will, you can start yours in minutes with Will Hero.

Many existing wills are outdated

Research suggests a significant portion of Australians either lack a will or have one that no longer reflects their circumstances. Major life events like marriage, divorce, or buying a house can render an old will inaccurate.

This is one reason modern online will platforms have gained traction: they make it easier to create and update a legally valid will online.

2. High stakes, high conflict

$5.4 trillion wealth transfer underway

Australia is entering what experts call the largest intergenerational wealth transfer in history. The Australian Probate Report 2025 cites an estimated $5.4 trillion expected to pass between generations over the coming decades. As estates grow in value, the fallout from poor estate planning is becoming more severe.

Estate disputes are increasing

Family provision claims in NSW grew by about 10% between 2019 and 2023 (from 878 to 968). As property values and family structures become more complex, more estates are large enough to trigger disputes.

Most contested wills are changed (74% of cases)

One law firm reports that around 74% of contested cases that reach court result in a change to the will’s distribution, and 87% of cases that go to mediation are resolved with the will being altered.

53% have experienced family conflict over inheritance

A survey of 1,019 Australians found that 53% reported experiencing family conflict due to a will or inheritance.

When a will doesn’t adequately provide for eligible family members, or intentions are ambiguously documented, the courts often step in. Clear, structured documentation is the best defence. Avoiding common will-making mistakes and guiding users through transparent distribution decisions helps minimise the grey areas that can drain estate finances and fracture families.

If you don’t yet have a will—or yours is outdated—now is the time to act. Create or update your will with Will Hero.

3. The digital shift

The way Australians handle their legal affairs is evolving. People are actively seeking faster, more accessible ways to protect their assets.

Online wills are gaining traction in Australia—one major platform reported 373% growth in bequest value

F&P Magazine reports that the value of bequests pledged through one major online will platform grew by 373% between 2021 and 2024—from approximately $82 million to $387 million. In total, the platform has facilitated an estimated $950 million in bequests.

Courts have granted probate for online wills where legal execution requirements are met

All 23 online wills in one reported dataset were granted probate by the courts—including in situations where the will-writer made a mistake or used an online will outside its recommended scope.

For example, one online will distributed a $680,000 estate across a blended family (spouse, child, stepchild, sister) and was deemed valid; another distributed a $1.3 million estate and was granted probate despite the staples having been removed from the document.

What matters is whether the will satisfies the formal legal requirements for execution in the relevant state or territory. The rapid adoption of digital estate planning shows that Australians want to manage these tasks online, and platforms like Will Hero provide a structured framework to help ensure those final wishes meet legal requirements. Whether you’re in Victoria, NSW, Queensland, Western Australia, or anywhere else in Australia, online wills can be just as valid as those drafted by a lawyer.

Ready to create or update your will? Get started in minutes with Will Hero. Will Hero offers a legally valid, state-specific online will with professional review within 24 hours, free edits for 12 months, and clear signing instructions for your state or territory. View our pricing and get started today.

References

• Australian Law Reform Commission — Elder Abuse Inquiry: Wills (Tilse et al 2015)
• F&P Magazine — The growing role of online wills (2025 Gifts in Wills Report)
• College of Law — Key Findings from the Australian Probate Report 2025
• Owen Hodge Lawyers — Success Rate of Contesting a Will
• Yahoo Finance — Inheritance warning as Australians without a will left vulnerable
• News.com.au — New research reveals 52 per cent of adult Australians don’t have a will
• CSU — Estate Planning in Australia