Will Lawyers Melbourne

Our wills and estate team can assist you with creating, updating, and managing your Will, ensuring your wishes are clearly outlined. We also offer services like Enduring Power of Attorney, Medical Power of Attorney, and strategic advice for financial arrangements.

Whether you’re handling probate applications, administering estates, or seeking a fair outcome, our Melbourne-based team provides comprehensive support for both you and your family members throughout the legal process. We offer fixed-price services and a couple of discount packages. Book a time to chat with our team of estate planning lawyers, Melbourne CBD, inner and outer suburbs, at your next convenience.

You should update your Will after significant life changes, such as marriage, divorce, the birth of children, or the acquisition of new assets. This ensures your estate planning reflects your current circumstances. Consulting estate planning lawyers in Melbourne can provide tailored advice and ensure your Will remains legally valid and relevant.

Estate planning lawyers are the best choice for creating or updating a Will. They offer expert advice on asset protection, succession planning, and the legal complexities of estate administration. They ensure your Will complies with legal requirements and provide peace of mind in protecting your assets.

Your Will should outline how your assets, including property, personal belongings, and superannuation, are distributed. It should appoint an executor and specify guardianship for minor children. A comprehensive Will also addresses family provision claims and ensures your wishes are clear and legally binding, with expert advice from estate lawyers.

Yes, you can write your own Will in Australia. However, using a lawyer ensures it complies with legal requirements and is valid. Estate planning lawyers in Melbourne can provide specific advice on asset protection, tax implications, and family provision claims, reducing the risk of disputes and ensuring your wishes are honoured.

Succession planning involves preparing for the management and distribution of assets upon death or incapacity. It includes strategies for protecting assets, minimising tax, and ensuring a fair distribution among beneficiaries. Experienced estate lawyers can offer tailored advice, ensuring your estate plan is legally sound and aligned with your personal situation.

To plan your estate, work with your chosen legal team to address the following areas that apply to your situation.

1. Assessing assets and liabilities

2. Defining beneficiaries and appointing executors

3. Creating a Will with legal guidance

4. Establishing trusts, if necessary

5. Considering business succession planning

6. Reviewing and updating regularly

7. Preparing for tax implications and minimising liabilities.
   An experienced estate lawyer will guide you through these steps, ensuring your estate planning needs are met.

In Victoria, a Will may become partially invalid after a divorce or separation, particularly regarding any provisions for your ex-spouse. It is crucial to update your Will following a relationship breakdown. Estate planning lawyers can provide specific advice to ensure your assets are distributed according to your wishes after a separation or divorce.

No, we do not handle estate litigation. However, our experienced wills and estate team can assist with matters like creating and updating wills, providing strategic advice, and helping with the probate process. If you require assistance with estate disputes or court proceedings, we can refer you to trusted professionals who specialise in estate litigation. Our team focuses on providing clear guidance for planning and administering estates to ensure fair outcomes for you and your family.

Will costs vary depending on who you decide to work with and how complex your Will is to draft. Our prices for Wills are as follows:

For Single Person:

• Will: $680
• Enduring Power of Attorney (Financial/Personal): $350
• Appointment of Medical Treatment Decision Maker: $350
• Package (Will, Enduring Power of Attorney, and Appointment of Medical Treatment Decision Maker): $1,250

For Couples:

• Will: $1,360
• Enduring Power of Attorney (Financial/Personal): $700
• Appointment of Medical Treatment Decision Maker: $700
• Package (Will, Enduring Power of Attorney, and Appointment of Medical Treatment Decision Maker): $2,500

Prices include GST. *Excludes complex or Testamentary Trust Wills.

A Will is a legal document that outlines how your assets (like property, money, and belongings) will be distributed after you pass away. This legal document confirms the name of your Executor, who is responsible for carrying out your wishes.

A valid Will in Victoria must meet certain legal requirements, such as being written, signed, and witnessed by at least two people who are not beneficiaries. It must reflect your intentions and be made when you’re of sound mind, ensuring that your wishes are legally honoured after your death.

Several factors can make a Will more complex, including:

• Testamentary Trusts for beneficiaries

• Complex business structures and ownership

• Self-managed superannuation funds (SMSF)

• Blended families and multiple relationships

• Large or diverse assets

• International assets

• Outstanding debts

• Disputed estates

• Charitable bequests

Chat to our team today if any of these matters apply to your situation and we’ll be able to advise you on the best path to move forward.

In Victoria, an Executor typically has up to one year to distribute assets from a deceased estate, starting from when they begin administration. However, this is a general guideline, and delays can occur due to factors like a complex will, missing beneficiaries, paperwork issues, or challenges to the will.

In Victoria, if someone dies without a valid will, they are considered to have died ‘intestate.’ Recent changes in intestacy laws outline how an estate is distributed. The deceased’s representative must sell assets to cover funeral costs, debts, and administration fees. The remaining estate, or residuary estate, typically goes to the spouse or children. If there are no relatives, the state may inherit the estate as ‘bona vacantia.’

In some cases, the deceased may have left clear instructions on how to access their Will, such as through a partner, family, or Executor. If not, contacting their lawyer or accountant or the chosen funeral home may help locate it. If these options fail, the Probate Office of the Victorian Supreme Court can assist. Under the Wills Act of 1997, certain individuals are legally entitled to access a deceased person’s Will.

In Victoria, if a Will is invalid—due to fraud, duress, or lack of mental capacity—named beneficiaries may not inherit. In such cases, assets are distributed according to intestacy laws.

Minors (under 18) can inherit, but their assets are held in trust until they reach adulthood. Adopted children have the same inheritance rights as biological children, but they can no longer claim from biological parents’ Will.