AML

New identity and background checks for some legal work

From 1 July 2026, law practices in Australia are covered by anti-money laundering and counter-terrorism financing (AML/CTF) laws. These laws help keep the proceeds of crime out of the economy — money laundering is a significant issue in Australia and can fuel drug trafficking, human exploitation, terrorism and large-scale financial fraud.

For some types of work, we are now required to:

• verify the identity of clients for the services the law covers;
• understand the purpose of the work and, where relevant, who owns or controls any entity involved;
• keep certain records; and
• report to AUSTRAC where the law requires.

When these checks apply — and when they don’t

As a normal part of acting of any client, we confirm your identity – this applies to most matters. Separately, certain types of work (“designated services”) require additional, more detailed identity and background checks under the AML/CTF laws. These additional checks only apply to certain types of work. Most everyday estate-planning work — such as preparing a Will, a testamentary trust created through a Will, an Enduring Power of Attorney or Advance Health Directive, advice only, administering a deceased estate (including transferring real property as part of probate or pursuant to a court/tribunal order )— does not require those additional AML checks, though we will still verify your identity in our usual way.

A more detailed AML check is generally needed only where your matter involves:

• setting up or restructuring a trust or company that operates during your lifetime;
• buying, selling or transferring property (other than as part of a deceased estate or under a court/tribunal order); or
• asking us to receive, hold, transfer or control money or assets for you.

Where an additional AML check applies, we complete it before we begin that part of your matter. For most estate-planning enquiries, the more detailed AML  checks are not needed to get started – though we will still confirm your identity in our usual way, as we do for any client.

If you are enquiring on behalf of someone else

If you are enquiring on behalf of someone else (for example, as an attorney, executor or family member), please tell us. Where the law requires it, we may need to confirm your authority to act.

A note on the roles we don’t take on

Willwise does not act as a trustee, director, attorney or nominee for clients. If you are looking for someone to take on one of those roles, let us know and we can talk through your options.

If a check applies — here’s what to expect

1. Share your details — we’ll let you know what’s needed for your matter.

2. Verify — we confirm identity, usually through a secure electronic verification process.

3. Clarify — we follow up if anything further is needed.

4. Complete our assessment — we finish the required checks.

5. Begin your work — once the required checks are complete.

How we handle your information

We collect only what we need, and we ask for verifiable identity details at the right stage — not on your first enquiry. Your information is stored securely, accessed only by authorised staff, and protected through controlled processes. We retain only the records the law requires — raw identity document images are not stored beyond 90 days, and AML compliance records are retained for 7 years as required by law.

For more detail on how we collect, use and store your personal information, see our Privacy Policy.

A quick safety reminder

Always verify any payment instructions by phone using independently confirmed contact details — never rely solely on bank details in an email or text. Please also avoid entering personal, legal or financial information about your matter into public AI tools (such as ChatGPT).

This page is general information about new legal requirements and is not legal advice. The description of the services that do and don’t require checks is a plain-language summary derived from the Willwise AML/CTF Policy, which is the authoritative source; if they conflict, the Policy prevails.