Ok, just having been through the death of my Mother and being the Executor of her estate I can give you a bit of insight. Firstly, inheritance in NSW is covered by the
Succession Act 2006. So that is the legal underpinning for inheritance.
For a will to be legally valid it must lay out who gets what proceeds of the person's estate and be signed by two witnesses. It should specifically name who gets what from the estate. It does not necessarily need to be drawn up by a solicitor, you can do it with a DIY will kit. Why I mention specifically naming beneficiaries is my late Mother's will left bequests to her 3 grand kids 9which she named in the will" and then just said "and the rest is to be evenly divided". Now as I and my two sisters survived her, we knew she meant it to be evenly be divided between the three of us (as she had told us what was in her will, and my father had passed away some 12 years previously). However she
did not specifically state she meant her children as being the beneficiaries of the residuals of the estate, so we had to go through the legal process of proving this to the NSW Supreme Court.
Due to the expenses involved, as we had to get a Inheritance Law Specialist to sort it out, which cost around $12,000 in legal fees. This took time to do also, and it is laborious as you need birth certificates, death certificates, statutory declarations from all beneficiaries, marriage certificates as you have to prove your claim. Now my family is all very amicable so it went smoothly, but it took a few months to sort out.
So if you want to avoid family squabbles for after you die, sort out your estate and have a will drawn up. Make sure it specifically names who gets what (or if it is to be evenly split say between your children say that and state who your kids are in the will) and ensure you get it witnessed.
Final point, in NSW you can get the
NSW Trustee and Guardian to draw up a and administer a will for you. I've heard nothing but disaster stories about them being administrators of your will, so avoid them (though they have
good info on their website about wills in plain english which may help). Many other States have Public Trustees which provide similar services (and yes, they are owned by the respective State Governments).