Which assets are included as part of an estate in will dispute proceedings?

Only the assets owned solely by the deceased at the time of death are typically included in the estate. For example, superannuation funds and jointly owned property are not considered part of the estate upon death.

Superannuation is distributed according to the fund’s rules by the trustees, and jointly owned property (if held as joint tenants) automatically passes to the surviving joint tenant.

In NSW, the law also allows for “notional estate” to be included in certain circumstances. More on this below.