Jewish estate planning sits at a particular intersection. Halacha has its own well-developed inheritance rules — generally favouring sons, with structured provision for daughters and widows. Victorian succession law has its own rules — most importantly the Wills Act 1997 and the Family Provision claim regime, which allows certain family members to challenge a will that does not adequately provide for them. A will that is perfect under halacha and not compliant with the Wills Act is invalid. A will that is perfect under the Wills Act but ignores Family Provision risk can be set aside.
Halachic inheritance vs Victorian succession law
Under halacha, the default inheritance order is broadly: sons inherit equally; daughters receive support but not direct inheritance unless there are no sons; widows receive their ketubah amount and lifetime support from the estate. Modern Jewish estate planning typically modifies this through halachic mechanisms — most commonly a shtar chatzi zachar (a 'half-share' document) which obligates the estate to pay daughters an amount equal to half a son's share before the halachic inheritance applies. The effect is that all children — sons and daughters — receive substantively equal provision.
Victorian law cares about none of this. The Wills Act simply requires a valid will that disposes of the estate. But Victorian law adds another constraint: the Family Provision regime under Part IV of the Administration and Probate Act 1958 allows a spouse, child, or certain other dependants to apply to the Court if they consider they have not been adequately provided for. A halachically conservative will that gives substantially more to sons than daughters may be vulnerable to a Family Provision claim from an adult daughter — even where the inequality is for sincere religious reasons.
How I draft Jewish wills
My approach is to design a will that is fully compliant with the Wills Act 1997, that includes the halachic mechanisms the client wants (shtar chatzi zachar, charitable bequests, provision for ma'aser if the client is committed to that practice), and that has been deliberately structured to minimise Family Provision risk. Often that means doing more — not less — for adult daughters than a strictly traditional approach would require, on the basis that an unsuccessful Family Provision claim is in everyone's interest and that the halachic device is the foundation, not the ceiling.
Charitable and mitzvah bequests
Many Jewish clients want to leave bequests to specific Jewish charities, synagogues, or institutions — Magen David Adom, JNF, the United Israel Appeal, a local shul, a yeshiva. These are straightforward to draft and have significant estate-tax efficiency in Australia (DGR-listed charities are excluded from CGT on bequests of certain assets and a charitable bequest can reduce the deceased estate's tax). Where a client wants to fund a perpetual mitzvah — for example, an annual yahrzeit observance, or a learning bequest in someone's memory — we structure this as a separate trust within the will.
Executors, burial wishes and shiva
Beyond the financial side, Jewish wills should record the testator's wishes about burial (chevra kadisha arrangements, location of the cemetery, plot ownership), tahara, and shiva. These are not enforceable provisions in the same way as bequests but they give the executor and family a clear, written framework at a time when no one is in a state to work things out from first principles. I include these in every Jewish will as a matter of course.
How I handle a jewish wills & estates matter
- 1Initial conversation about assets, family structure, religious considerations and concerns
- 2Drafting a will compliant with the Wills Act 1997 and your halachic preferences
- 3Coordination with your accountant on any tax-effective structures
- 4Side-letter or attachment recording burial wishes and shiva arrangements
- 5Safe storage of the original will
Frequently asked questions
Can I leave more to my sons than my daughters under Australian law?
Yes, you can. There is testamentary freedom in Australia. However, an adult daughter who has been left substantially less than her brothers may have grounds for a Family Provision claim under Victorian law, particularly if she is in financial need. The shtar chatzi zachar mechanism and careful drafting can usually achieve the religious framework with significantly less Family Provision exposure.
Do I need a separate halachic will?
Usually no. A single will, properly drafted, can incorporate the halachic mechanisms you want and remain a single legally valid Victorian will. Having two competing documents is more likely to create confusion and dispute than to clarify intentions.
What about superannuation? It is not in my will.
Correct — superannuation does not automatically form part of your estate. It is paid by the trustee of your super fund, usually in accordance with a Binding Death Benefit Nomination. As part of your estate plan I will review your super nominations to ensure they align with your overall intentions.
Can I update my will when I get married or divorced?
Marriage generally revokes a prior will (with limited exceptions). Divorce typically revokes the divorced spouse's appointment as executor and any gift to them, but leaves the rest of the will standing. Either life event should trigger a will review.
Reviewed by Elisa Rothschild BA/LLB — Principal Lawyer, Fogarty Oliver Rothschild. Admitted to legal practice in Victoria. Last reviewed 2026-05-22.
This page is general legal information about jewish wills & estates in Victoria, Australia. It is not legal advice for your specific situation. For advice on your matter, book a free initial consultation.