Brisbane Family Law
Aitken Partners boasts one of Victoria's premier Wills & Estates practices, with a large, highly experienced team consistently recognised by professional bodies and the legal industry as leaders in this specialised field. Whether you're planning for the future, administering a deceased estate, or facing a contested will, having experienced and compassionate legal counsel is crucial to achieving clarity and peace of mind during what can be a difficult process.
We provide comprehensive legal services, guiding individuals and families through every step of the process with sensitivity and expertise.
Our Wills & Estates lawyers in Melbourne offer a wide range of services, including:
1. Wills and Estate Planning (including Enduring Powers of Attorney):
Planning for the future is essential to ensure your assets are distributed according to your wishes and your loved ones 1 are provided for. Our lawyers can assist you with:
Drafting comprehensive wills: We'll work closely with you to understand your individual circumstances and create a will that reflects your intentions, minimising the potential for future disputes.
Estate planning strategies: We can advise on complex estate planning matters, including trusts, superannuation, and tax implications, to maximise the preservation of your assets.
Enduring Powers of Attorney (EPOA): An EPOA allows you to appoint someone you trust to make financial and/or personal decisions on your behalf if you become incapacitated. We can help you prepare a legally sound EPOA that protects your interests.
Advance Care Directives: These documents allow you to outline your wishes regarding your future medical treatment, providing peace of mind for you and your family.
2. Grants of Probate and Letters of Administration:
When someone passes away, legal processes are required to manage their estate. We assist executors and administrators with:
Applying for a Grant of Probate: This legal document confirms the validity of a will and authorises the executor to administer the estate.
Applying for Letters of Administration: If there is no will (intestacy), we can assist eligible individuals in applying for Letters of Administration, granting them the authority to administer the estate according to intestacy laws.
Navigating the Supreme Court process: We handle all necessary paperwork and court appearances, ensuring a smooth and efficient process.
3. Assisting Executors and Administrators in Administering Deceased Estates:
Administering a deceased estate involves numerous responsibilities. We provide expert guidance and support to executors and administrators in:
Identifying and valuing estate assets: We can assist in gathering information about the deceased's assets and obtaining accurate valuations.
Paying debts and taxes: We ensure all outstanding debts and taxes are paid in accordance with legal requirements.
Distributing assets to beneficiaries: We manage the distribution of assets according to the will or intestacy laws, ensuring fairness and compliance.
Resolving disputes: We can assist in mediating and resolving disputes that may arise during the administration process.
4. Contested Wills and Estate Matters:
Disputes regarding wills and estates can be emotionally charged and legally complex. Our experienced litigators can represent you in:
Challenging the validity of a will: We can assist in challenging a will based on grounds such as lack of testamentary capacity, undue influence, or fraud.
Family provision claims: We can represent eligible individuals who believe they have not been adequately provided for in a will.
Estate litigation: We handle all aspects of estate litigation, including court appearances and negotiations.
5. Guardianship and Administration Applications for Incapacitated Persons:
When someone loses the capacity to make their own decisions, guardianship or administration orders may be necessary. We can assist with:
Applying for guardianship orders: These orders appoint someone to make personal decisions on behalf of an incapacitated person.
Applying for administration orders: These orders appoint someone to manage the financial affairs of an incapacitated person.
Representing clients at guardianship and administration tribunals: We provide expert representation at relevant tribunals and courts.
Our knowledge is unrivalled through working on thousands of matters for leading Australian and Victorian companies and businesses, charities, private companies, family businesses, individuals, local, federal and state government, trustee companies and quasi-government organisations.
We have close to 100 years of experience representing clients from across Melbourne and throughout Victoria in various legal matters. The Aitken Partners staff have the skill and passion for providing clients from both the business and private sectors with unparalleled representation and legal services, working to understand the needs of each case and the individuals associated with it.
Get in touch
To get in touch with our Wills & Estate lawyers in Melbourne, fill out the form below or give us a call: +61 3 8600 6000
Located in Melbourne CBD at Level 28, 140 William Street, Melbourne. Servicing all Melbourne suburbs online and within a 15-minute drive for: Melbourne CBD, Carlton, Fitzroy, Richmond, South Yarra, St Kilda, Brunswick, Collingwood, Prahran, South Melbourne, North Melbourne.
Frequently Asked Questions
Generally, a valid will must be in writing, signed by the testator (will-maker), witnessed by two competent adults who also sign, and the testator must have testamentary capacity (mental capacity to understand what they are doing).
If you die intestate, your assets will be distributed according to a legal formula set out by state law. This may not align with your wishes.
A will outlines how your assets are distributed after death. A trust is a legal arrangement where assets are held by a trustee for the benefit of beneficiaries, often used for estate planning purposes during your lifetime and after.
You should review your will every few years or whenever there's a significant life event (marriage, divorce, birth, death, change in financial circumstances).
Yes, but changes must be made by a codicil (a formal amendment to the will) or by creating a completely new will. Handwritten changes to the original will are generally not valid.
A life estate grants someone the right to use a property during their lifetime. Upon their death, ownership usually transfers to someone else (the remainderman), as specified in the original deed, not necessarily the will.
If someone dies intestate, an administrator (similar to an executor) is appointed by the court. A close relative usually applies for this role.
Contesting a will challenges the will's validity (e.g., lack of capacity, undue influence). A family provision claim (also called a "testator's family maintenance" claim) acknowledges the will's validity but argues that it doesn't adequately provide for certain dependents.
An ACD allows you to document your wishes regarding future medical treatment if you become unable to make decisions for yourself.
An executor is the person named in a will responsible for administering the estate. Their duties include gathering assets, paying debts and taxes, and distributing the remaining assets to beneficiaries.
Probate is the legal process of proving the validity of a will and officially appointing the executor. It's necessary to ensure the will is legitimate and the executor has the authority to manage the estate.
An EPOA allows you to appoint someone to manage your financial and/or personal affairs if you become mentally incapacitated.