For families whose names are known in business circles in Singapore, Hong Kong or Kuala Lumpur, the worst outcome of an estate dispute is often not the money. It is a published judgment that sets out the family’s assets, its arguments and its private relationships for anyone to read, including journalists, competitors and future in-laws.
What becomes public
- The will. In Victoria, a will admitted to probate becomes a court document. Members of the public can generally obtain a copy.
- The grant and inventory. The application for a grant includes a statement of the estate’s assets and liabilities.
- Court proceedings. Australian courts operate on the principle of open justice. Pleadings, affidavits and evidence may be accessed, and judgments are routinely published online with the parties’ names. Suppression orders are available only in limited circumstances.
How families keep matters private
- Structures outside the estate. Assets in a family trust or company, or passing by nomination, do not appear in the probate inventory. Instructions given through a trustee’s memorandum of wishes are not filed with the court.
- Testamentary trusts, so that what the will shows is a trust structure, not a list of who gets what.
- Confidential dispute resolution. Negotiation, mediation and collaborative processes are private. Mediation communications are generally confidential and cannot be used in court. Settlement terms can include confidentiality obligations.
- Settling before filing. Once a claim is filed, privacy is much harder to protect. Families who resolve disputes early keep control of their story.
- Careful drafting of any document that may eventually be read by a judge, from will instructions to emails between siblings.
For advisers
Clients at this level often assume their affairs are private because they always have been. Explaining what becomes public on death, and planning around it, is one of the most valuable conversations an adviser can start.
Frequently asked questions
Does a will become public after death in Victoria?
Generally yes, once it is admitted to probate. In Victoria, a will admitted to probate becomes a court document and members of the public can generally obtain a copy. The application for a grant also includes a statement of the estate’s assets and liabilities, so the probate process can reveal more about a family’s wealth than many people expect.
Are estate disputes in Australian courts public?
Usually, yes. Australian courts operate on the principle of open justice, so pleadings, affidavits and evidence may be accessed, and judgments are routinely published online with the parties’ names. Suppression orders are available only in limited circumstances. Once a claim is filed, keeping a family’s affairs private becomes much harder.
How can a wealthy family keep its estate private?
By planning before death for what will become public. Assets in a family trust or company, or passing by nomination, do not appear in the probate inventory, and a testamentary trust means the will shows a structure rather than a list of who gets what. Careful drafting of any document a judge may one day read also helps.
Is mediation of an estate dispute confidential?
Generally yes. Negotiation, mediation and collaborative processes take place in private, and mediation communications are generally confidential and cannot be used in court. Settlement terms can also include confidentiality obligations. Resolving a dispute before a claim is filed is usually the best way for a family to keep control of its own story.
Chua Tan Associates advises families, executors, trustees and their professional advisers on estate planning, estate administration and estate disputes, in Australia and across borders. To arrange a confidential consultation, please contact our Melbourne office on +61 3 9602 3988 or submit an enquiry. Advice is available in English, Mandarin and Cantonese.
Justin Chua (蔡智勋), lawyer and mediator, Chua Tan Associates, Melbourne. General information only, not legal advice. Victorian law unless stated otherwise.
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