Inheritance & wills in Australia

Each Australian state and territory has its own Succession Act (NSW Succession Act 2006, VIC Wills Act 1997, QLD Succession Act 1981, etc.), all following Anglo-Saxon common-law tradition. Muslim community ~900,000 (largest in Sydney and Melbourne; Lebanese, Turkish, Afghan, Indonesian, Somali, South Asian heritage). No sharia jurisdiction — a Muslim will must satisfy state formality rules and then be interpreted per its own faraid clauses.

Written, signed by testator at the foot, witnessed by 2 adults present at the same time. Some states (NSW, VIC, QLD) allow the court to dispense with formalities under "informal will" provisions if testamentary intent is clear.

No national register. State-level optional lodgment (e.g. NSW Trustee & Guardian) or with a solicitor. Islamic Council of NSW and Australian National Imams Council both offer will-review services.

2 adult witnesses present with testator at signing. Witnesses cannot benefit from the will (Section 10 rule).

No forced heirship, BUT the Family Provision Act allows spouses, children, dependants to CHALLENGE a will they consider inadequate. Muslim wills that unequally distribute (e.g. per faraid) are increasingly upheld if the deceased documented the religious reasoning.

Executor applies to Supreme Court of the relevant state for Grant of Probate. Median 6–12 weeks for uncontested estates. Islamic Estate Trustees (services in Sydney/Melbourne) specialise in sharia-compliant execution.

ANIC has issued a comprehensive Australian-Islamic Will template (2022) that satisfies state formalities and includes a scholar-signed faraid clause. Highly recommended for any Australian Muslim resident.

• Family Provision claims by adult children are increasingly successful — attach a personal-message letter explaining any unequal distribution.
• Superannuation does NOT automatically pass under a will — separate Binding Death Nomination is essential (nominate spouse/children per faraid intentions).

• NSW Trustee & Guardian
• Australian National Imams Council (ANIC)
• Islamic Council of NSW

• Is Islamic inheritance (faraid) legally recognised in Australia?

  Each Australian state and territory has its own Succession Act (NSW Succession Act 2006, VIC Wills Act 1997, QLD Succession Act 1981, etc.), all following Anglo-Saxon common-law tradition. Muslim community ~900,000 (largest in Sydney and Melbourne; Lebanese, Turkish, Afghan, Indonesian, Somali, South Asian heritage). No sharia jurisdiction — a Muslim will must satisfy state formality rules and then be interpreted per its own faraid clauses.

• What makes an Islamic will (Wasiyyah) legally valid in Australia?

  Written, signed by testator at the foot, witnessed by 2 adults present at the same time. Some states (NSW, VIC, QLD) allow the court to dispense with formalities under "informal will" provisions if testamentary intent is clear.

• Where do I register my will in Australia?

  No national register. State-level optional lodgment (e.g. NSW Trustee & Guardian) or with a solicitor. Islamic Council of NSW and Australian National Imams Council both offer will-review services.

• Does Australia have forced-heirship rules that override an Islamic will?

  No forced heirship, BUT the Family Provision Act allows spouses, children, dependants to CHALLENGE a will they consider inadequate. Muslim wills that unequally distribute (e.g. per faraid) are increasingly upheld if the deceased documented the religious reasoning.

• How does probate work in Australia?

  Executor applies to Supreme Court of the relevant state for Grant of Probate. Median 6–12 weeks for uncontested estates. Islamic Estate Trustees (services in Sydney/Melbourne) specialise in sharia-compliant execution.

• How many witnesses do I need for a will in Australia?

  2 adult witnesses present with testator at signing. Witnesses cannot benefit from the will (Section 10 rule).

• What are the most common Islamic-will pitfalls in Australia?

  Family Provision claims by adult children are increasingly successful — attach a personal-message letter explaining any unequal distribution. Superannuation does NOT automatically pass under a will — separate Binding Death Nomination is essential (nominate spouse/children per faraid intentions).