Wills Lawyer Melbourne
Our highly experienced lawyers can expertly guide you through drafting your final Will or updating your Will after significant life changes.
First Appointment Free
With over 100 years of experience, you can rely on us to provide high-quality legal advice.
Wills Specialists
We can assist you with drafting or updating a legally binding Will, legally binding Medical and Financial Power of Attorney.
Compassionate, Expert Guidance
We take a professional yet compassionate approach to handling your legal matters.
Get Your First Appointment Free
Specialised Wills Lawyers
Why Work With Pearsons Family Lawyers?
Awards & Memberships
Create A Legally Binding Will With Ease
If you are looking to plan for your future by drawing up a Will or Power of Attorney, our team of lawyers are here to help. With almost 4 decades of experience, we are able to draw up your Will, which will take effect in the event that you pass away and save your family and loved ones from uncertainty.
We can also draw up a Medical and/or Financial Power of Attorney which will take care of the decision-making for your family if you become unwell. This is very important in your lifetime and will avoid difficulty and problems arising for your family when dealing with financial institutions and the medical profession when the time arises.
Once you have a Will in place, you will have peace of mind knowing that even if an unexpected event occurs, your wishes are clear. This gives your loved ones a clear awareness of your wishes and reduces the chances of stressful legal proceedings or disputes.
“The thing about having over 35 years of experience in Family Law is that you do not panic. In a crisis, you stay calm and remain courageous so that you do not lose focus on what is important, namely the clients’ needs.” – Leanne Abela (Principal Director)
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Our Team Will Guide You To Create A Legally Binding Will and Power of Attorney That Aligns With Your Long-Term Wishes
When drafting your final Will and Power of Attorney, there is no substitute for working with a highly experienced team. Our lawyers will provide you with the support and advice required to manage your matters confidently.
If you have decided to draft or update your Will and Power of Attorney, the team at Pearsons Lawyers can assist you, every step of the way. We offer a free initial appointment to discuss your situation and desired outcomes.
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We Provide The Following Will Services:
Creating A Will
Make things easier on your loved ones and ensure your wishes are heard.
Enduring Power of Attorney
We can also assist with Financial or Personal POA while your Will is drafted or updated.
Updating A Will
If your circumstances have changed significantly, we can help update your Will.
Fixed Price Services
Please refer to our Price Guide for our set prices for Wills & POA services.
Medical Power of Attorney
Our team can help you organise Medical Power of Attorney while having your Will drafted.
Couples Discount Package
Couples having Wills & POA services combined are eligible for a discounted rate.
Free Initial Wills Consultation
If you need guidance and support to understand the best way to move forward with your matter, the team at Pearsons is here to help. Our highly experienced lawyers will ensure you understand your options, and assist you with any necessary actions required.
We will always place your best interests at the heart of everything we do, and offer a free first appointment to get you headed in the right direction. We also understand that it can be an emotional and sensitive time, and take a respectful approach to your needs at all times when working together.
- Fee-Free Initial Consultations
- Your Best Interests As A Priority
- Will Drafting & Updates
- Power of Attorney Drafting, Updates or Revocation
*Pricing structure may vary depending on the complexity of your individual circumstances. Please see price guide here.
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Client Reviews & Testimonials
Pearsons Family Lawyers
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Frequently Asked Questions
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How long does an executor have to settle an estate?
In most cases, an Executor in Victoria will take up to one year to distribute assets from a deceased estate. This timeframe starts from the day an Executor begins to administer an estate, rather than when a person dies.
This is not a rule so much as a general guideline of what to expect. Many factors can add to this, and if the will is complex, if delays occur or beneficiaries cannot be located, it can take some time longer. There may also be issues if paperwork isn’t in order, the Will lacks clarity or if the Will is being challenged or contested.
What is the inheritance law in Victoria?
Victorian laws deem that a person has died ‘intestate’ if a Will hasn’t been left or is deemed invalid. The laws around managing Intestacy in Victoria have been through some recent changes and are guidelines for how an estate is distributed if someone dies intestate. Under the Administration and Probate Act, the person representing the deceased is generally required to sell any assets. With this money, they must pay for associated costs such as the funeral, outstanding debts and other administration purposes.
What remains from here is referred to as a residuary estate and may include assets that were not sold to cover costs. Generally, this residuary estate will go directly to the spouse or partner of the deceased, and the children of the deceased. There are common formulas used for calculating these amounts. If no partner or children exist, next of kin relatives will be deemed beneficiaries. There is a particular order in which relatives are prioritised in this circumstance. In some cases, if no relatives exist, the State of Victoria may become entitled to the residuary estate, as ‘bona vacantia’ – unclaimed goods.
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How do I find the will of a deceased person in Victoria?
In some cases, the deceased will have left clear instructions to their partner, family members, friends or chosen Executor on how to access their Will. In other cases, locating a Will (if one existed) will be necessary. This may be done by contacting their account or lawyer, if known, and in some cases, may be accessed via the funeral home they have chosen to use, if this was decided before passing away.
If these steps fail, it may be necessary to work with The Probate Office which is part of the Victorian Supreme Court. If you hold a Will for another person, it is also worth noting that
under the Wills Act of 1997, there are people who are deemed eligible to access a copy of a deceased person’s Will.
Who is not allowed to inherit under a Will in Victoria?
If a Will isn’t valid, which can happen for a number of reasons, named beneficiaries may not be entitled to inherit items of assets left to them. This may occur if a Will was made fraudulently, or if the person making the Will was under duress or not in a sound state of mind at the time of making it. In this instance, assets will be distributed in line with intestacy laws.
A child of the deceased, who is deemed a minor (under 18), is able to inherit in Victoria, but the inheritance will be held in trust by the Executor. This will generally be released when a child is 18, unless age or other stipulations are noted in the Will. Children born without knowing one of their parents are still eligible to make a claim on their biological parent’s Will, as a dependent. Adopted children have the same rights as biological children when it comes to claiming an adopted parents Will. That said, when a legal adoption takes place, an adopted child is no longer eligible to claim from their biological parents Will. Likewise, biological parents and relatives of adopted children are unable to make claims on their Will.
Pearsons Family Lawyers
Let’s Work Together
Step 1: Book Your Free Appointment
Get in touch today and we'll organise your first appointment, free.
Step 2: Talk To An Expert
Get a clear picture of your situation and how to move forward.
Step 3: Know Where You Stand
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Talk to a Wills & Estates Lawyer at Pearsons
Speak to one of our highly professional lawyers today to find out how we can help. It’s essential to seek legal advice for estate matters to ensure you have the support you need to move forward.
Office Hours
Monday to Friday 8:30am – 5:00pm
(Please note we are closed between 1-2pm)
Wednesday Evenings 5:00pm – 7:00pm
(by appointment only)
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Speak with Trusted Will & Estates Lawyers, Melbourne
If you are ready to speak to someone, please get in touch today and book your initial free consultation. We will be there for you every step of the way.