Do I need a Will?
It depends on what you want to happen after you die. If you do not have a Will, the distribution of your estate is governed by the rules of intestacy. Those rules are found in the Administration and Probate Act of your State or Territory. In general, a fixed amount would be paid to your spouse plus 50% of the balance. The other 50% would be paid to your children (if any).
If you have a Will, the distribution of your estate is governed by the terms of your Will.

Should I see a professional to make my Will?
Again it depends. If you want the safety and security of knowing that your Will is going to be effective and distribute your estate according to your intentions, then it is recommended that you retain the services of a professional to draft the necessary documents. But anestate plan is more than a Will. You also need to consider a power of attorney, your superannuation death benefits and insurance. If the wording of your Will is not clear (and bear in mind this is a very technical area where the words you use may be interpreted by acourt to mean something other than what you actually intended), it could cost your estate thousands of dollars in legal fees to obtain a ruling from the Court on the true meaning of the Will.
In addition, some of your assets may not fall into your estate on your death and your Will may not reflect your true intent. Joint assets, assets in a family or discretionary trust, lifeinterests, pensions, annuities and superannuation proceeds may not form part of your estate depending on circumstances.

Do I ever need to change my Will?
Major life changes such as entering into marriage or a de facto relationship, separating,divorcing or retiring may all necessitate changes to your existing Will. Changes in the relationships of your children is another important consideration. Marriage always cancels any previous Will unless that will specifically states that it is made incontemplation of the marriage. Separation or divorce does not cancel your Will but divorce will, in most circumstances, cancel any gifts to your former spouse. There is no need to change your Will simply because you change your address, although you should notify whoever isholding your original will of your new address.

Are there any other Government fees or death duties?
There are no death duties in Australia. However, capital gains tax and superannuation death benefits tax are important considerations today. It is advisable to consult a solicitor or financial adviser experienced in estate administration for advice.

What is Probate?
It is a document issued by the Supreme Court proving your last Will, thus empowering your executors to carry out the terms of your Will.

When is Probate required?
Generally, if you own real estate (other than jointly with your spouse or any other person), or have other significant assets in your own name such as shares, debentures, money infinancial institutions or life assurance policies. However, in small estates the assets may be able to be transferred without probate if there is no real estate involved.

Can anyone challenge my Will?
Each State and Territory has an Act call the Family Provision Act which governs who and the circumstances in which a Will can be challenged. In general, challenges may be made by a person if they have cared for you or contributed to your maintenance during yourlifetime and you made no or insufficient provision for them in your Will.
This is a technical area and your solicitor can advise you further if you are contemplating leaving someone out of your Will who could later challenge your Will.

(The following information has been sourced from Certus Law).