By David Minahan
Succession law (or “Wills and Estates” law) governs what happens to a person’s estate — their property, assets, and debts — after their death. It covers the drafting and interpretation of wills, challenges to wills, intestacy (where no will exists), and the administration and distribution of deceased estates.
Of Australia’s 38 law schools, 30 teach succession law. Melbourne Law School (MLS) is not one of them, and has not taught the subject since 1997.1
1997 listing of the elective in the handbook:2
Why it matters.
Succession law is a highly practical and useful area of law. Everybody will be in need of a will, and disputes over wills are increasing.3
Australia is currently experiencing the largest wealth transfer in its history as Baby Boomers (1946-1964),4 who hold nearly half of Australia’s private wealth,5 pass their estates to younger generations. As a result, more people are motivated to contest wills to obtain a larger share of the estate. Estate challenges are also increasing as more relationships are dissolved and new families are created.6Stepchildren and second or subsequent spouses may seek a greater share of an inheritance7
As disputes over wills grow, so too does the demand for effective estate planning.8Many people want to ensure their wishes are carried out exactly as they intended.
Image of a concerned couple seeking legal advice on contesting a will.9
Career relevance.
The absence of a succession law elective is surprising given its prominence in the legal profession. In a 2024 survey, 18% of NSW lawyers reported working in Wills and Estates, making it the fifth most common practice area in the state.10 The following table illustrates the ranking of Wills and Estates among some other NSW legal practice areas (note that lawyers often practise across multiple areas):11
| Rank | Area of Practice | Percentage of NSW Lawyers |
| 1 | Commercial Law | 31% |
| 2 | Corporate Law | 22% |
| 3 | Conveyancing / Real Property | 20% |
| 4 | Civil Litigation | 19% |
| 5 | Wills and Estates | 18% |
| 6 | Family Law | 13% |
| 7 | Criminal Law | 12% |
| 8 | Administrative Law | 11% |
| 9 | Employment / Industrial Law | 10% |
| 9 | Banking / Finance | 10% |
| 11 | Intellectual Property | 8% |
| 11 | Personal Injury | 8% |
| 13 | Insurance Law | 7% |
| 14 | Taxation | 4% |
| 14 | Immigration Law | 4% |
In Melbourne, there are many career opportunities in Wills and Estates. Many medium-sized law firms have dedicated Wills and Estates practice groups here, including KCL Law, Moores, Hall & Wilcox, KHQ Lawyers, Maurice Blackburn, Mills Oakley, Sladen Legal, Rigby Cooke, Aitken Partners, Galbally & O’Bryan, Nevett Ford, and Coulter Legal. Numerous boutique law firms across Melbourne also practise in this area.
However, MLS graduates face a competitive disadvantage when applying for Wills and Estates roles compared to graduates from other universities who have studied succession law. Those graduates can show their knowledge and interest in the area by highlighting that they have studied succession law at university. Employers may also prefer them because they require less training and supervision. Reinstating succession law is therefore crucial for MLS graduates to succeed in this prominent field of law.
Appendix: A list of 38 Australian law schools, and whether they offer an elective on successive law.
| 1 | Australian Catholic University | Undergraduate law elective: LAWS413 – Wills and Succession |
| 2 | Australian National University | Undergraduate law elective: Succession. Postgraduate law elective: Succession. |
| 3 | Bond University | Undergraduate law elective: LAWS13-561: Law of Succession and Administration of Estates Postgraduate law elective: GDLP77-303: Wills and Estates Practice |
| 4 | Central Queensland University | Undergraduate law elective: LAWS13012 – Succession |
| 5 | Charles Darwin University | Undergraduate law elective: LWA325 – Succession |
| 6 | Charles Sturt University | Undergraduate law elective: LAW223 – Succession Law |
| 7 | Curtin University | Undergraduate law elective: Succession Law (LAWS3020) |
| 8 | Deakin University | Undergraduate law elective: MLJ741 – Succession Law and Policy Postgraduate law elective: MLL362 – Succession Law |
| 9 | Edith Cowan University | N/A |
| 10 | Flinders University | Undergraduate law elective: Practical Legal Training: Transactional Legal Practice |
| 11 | Griffith University | Undergraduate law elective: Succession – 5163LAW |
| 12 | James Cook University | Undergraduate law elective: LA4007 – Succession |
| 13 | La Trobe University | Undergraduate law elective: The Law of Succession (offered in 2023) Postgraduate law elective: Law of Succession Honours law elective: Succession Law |
| 14 | Macquarie University | Undergraduate law elective: LAWS5056 – Succession |
| 15 | Monash University | Undergraduate law elective: LAW4311 – Succession law Postgraduate law elective: LAW5450 – Principles of succession law |
| 16 | Murdoch University | N/A |
| 17 | Queensland University of Technology | Undergraduate law elective: LLB346 Succession Law |
| 18 | RMIT University | Postgraduate law elective: LAW1043 |
| 19 | Southern Cross University | Undergraduate law elective: Unit of Study LAWS2018 Wills and Estates |
| 20 | Swinburne University of Technology | N/A |
| 21 | University of Adelaide | Undergraduate law elective: The Law of Succession |
| 22 | University of Canberra | Undergraduate law elective: LAWS4236: Succession Postgraduate law elective: LAWS8436: Succession |
| 23 | University of Melbourne | Undergraduate law elective: 730-323 Succession (previously offered in 1997) |
| 24 | University of New England | Undergraduate law elective: Succession (LLM511) |
| 25 | University of New South Wales | Undergraduate law elective: Succession Undergraduate law elective: Older People and the Law |
| 26 | University of Newcastle | Undergraduate law elective: LAW3031: The Law of Succession |
| 27 | University of Notre Dame Australia | Undergraduate law elective:Succession |
| 28 | University of Queensland | Undergraduate law elective: Succession Law (LAWS5130) (offered in 2024) |
| 29 | University of South Australia | Undergraduate law elective: Ageing and the Law: Elder Law and Policy (course content includes “estate planning”) |
| 30 | University of Southern Queensland | Undergraduate law elective: LAW3422 – Succession Law |
| 31 | University of Sydney | Undergraduate law elective: LAWS3427: Death and Inheritance Law (offered in 2022) Postgraduate law elective: LAWS5143: Interpretation(covering the interpretation of wills) |
| 32 | University of Tasmania | Undergraduate law elective: Succession (offered in 2024) |
| 33 | University of Technology Sydney | Undergraduate law elective: 76517 Succession (offered in 2017) |
| 34 | University of the Sunshine Coast | Undergraduate law elective: LAW407 Wills, Estates and Elder Law |
| 35 | University of Western Australia | Undergraduate law elective: Succession Law [LAWS6187] (not offered in 2025) Postgraduate law elective: Succession Law [LAWS5187] (not offered in 2025) |
| 36 | University of Wollongong | Undergraduate law elective: LLB3389 – Wills and Succession Undergraduate law elective: LLB3367 – Elder Law |
| 37 | Victoria University | Undergraduate law elective: Wills and the Administration of Estates |
| 38 | Western Sydney University | Undergraduate law elective: LAWS 3071 Wills and Succession Postgraduate law elective: LAWS 6008 Wills and Succession |
Footnotes:
1Richard Boaden taught the subject in 1996 and 1997. Richard recently retired after 48 years of working in the bar. He is highly regarded for his expertise in succession law. See, svenson_barristers (Instagram, 27 October 2023) <https://www.instagram.com/p/Cy4n-BGuiOy/?hl=en>.
2University of Melbourne, ‘730-323 Succession,’ Way Back Machine Archive (webpage, 9 May 2012) <https://wayback.archive-it.org/3136/20120509150149/http://www.unimelb.edu.au/HB/1997/Law/730/730-323.html>.
3Lucy Dean, ‘5 Inheritance Blunders That Worry Wealthy Families Most’ Australian Financial Review (online), (online at 1 August 2025) <https://www.afr.com/wealth/personal-finance/estate-planning-inheritance-will-mistakes-to-avoid-20250707-p5md0i>.
4 Ibid; John McLeod, The Bequest Report (Report, July 2024) 3.
5 Lucy Dean, ‘5 Inheritance Blunders That Worry Wealthy Families Most’ Australian Financial Review (online), (online at 1 August 2025) <https://www.afr.com/wealth/personal-finance/estate-planning-inheritance-will-mistakes-to-avoid-20250707-p5md0i>.
6 Duncan Hughes, ‘Big increase in inheritance feuds among blended families,’ Australian Financial Review (online), (online at 27 December 2019) <https://www.afr.com/wealth/personal-finance/big-increase-in-inheritance-feuds-among-blended-families-20191212-p53jbs>.
7 Dean (n 3).
8 Duncan Hughes, ‘Big increase in inheritance feuds among blended families,’ Australian Financial Review (online), (online at 27 December 2019) <https://www.afr.com/wealth/personal-finance/big-increase-in-inheritance-feuds-among-blended-families-20191212-p53jbs>.
9John, ‘Will Dispute: Challenging and Contesting a Will’ JB Solicitors (Web Page, 18 March 2023) <https://jbsolicitors.com.au/will-dispute-challenging-and-contesting-a-will/>.
10 Law Society of New South Wales, 2024 Annual Profile of Solicitors in NSW (Report, 17 April 2025) 44.
11 Ibid.
Purely Dicta 