Wills for Indigenous Australians: Key Considerations in NSW

26th November, 2025

Everyone has important considerations when preparing a Will, and there is an additional set of cultural considerations for Aboriginal and Torres Strait Islander peoples. These factors can shape how a Will is drafted, and they may affect decisions about kinship, cultural items, and burial wishes. Consequently, thoughtful planning ensures your wishes are respected.

Many Indigenous families maintain extended kinship networks. These relationships can include aunties, uncles, cousins, Elders, and non-blood relatives who hold cultural responsibilities. Therefore, you may want your Will to recognise these broader obligations. Clear instructions can prevent disputes and reduce confusion for the executor of your Will.

Cultural property also needs careful thought. Items such as ceremonial objects, story rights, totems, or knowledge may carry deep significance. Moreover, some of these items might be held for the community rather than for an individual. Your Will can assign custodianship, but it must also comply with NSW succession laws.

Funeral and burial instructions are especially important. Many people prefer burial on Country or want specific ceremonies observed. Your executor has the legal authority over these decisions, so you should express your wishes clearly. Additionally, some people prefer not to have their name or image shown after death. You can also state these preferences directly in your Will.

Some Indigenous Australians have interests connected to native title or community-held land. These interests generally cannot be transferred through a standard Will. Instead, your executor may need to speak with the relevant land council or prescribed body corporate. Early legal guidance helps avoid misunderstandings.

Furthermore, you can prepare a separate confidential memorandum for sensitive cultural information. For more information, visit the NSW Trustee and Guardian Guide –Taking Care of Business: Planning Ahead for Aboriginal and Torres Strait Islander People.

How We Can Help

Creating a culturally respectful Will gives peace of mind and protects your wishes. Our firm understands these considerations, and we offer supportive guidance for Indigenous clients across the Northern Rivers. At Castrikum Adams Legal, we create respectfully cultural Wills in Lismore, Byron Bay, Murwillumbah, Bangalow, Mullumbimby, Brunswick Heads, Ocean Shores, and Ballina.

If you want clear, culturally sensitive estate planning, our team is here to help. We can guide you through kinship issues, cultural property, funeral wishes, and legal requirements to ensure your Will truly reflects all wishes.