Aitken

Legal partners for life

Contact Info

Level 28, 140 William Street, Melbourne Victoria 3000 Australia
Call: +61 3 8600 6000 info@aitken.com.au

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Wills & Estates Lawyers 
in Melbourne

Aitken Partners has one of Victoria's premier Wills & Estates practices, with a large, experienced team recognised by professional bodies and the legal industry as a leader in the field.

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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:

Wills and Estate Planning

Wills and Estate Planning
(including Enduring Powers of Attorney)

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Wills and Estate Planning

Grants of Probate and Letters of Administration

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Wills and Estate Planning

Contested Wills and Estate Matters

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Wills and Estate Planning

Assisting Executors and Administrators in Administering Deceased Estates

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Wills and Estate Planning

Guardianship and Administration Applications for Incapacitated Persons

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How we work with you.

1

Initial Consultation

Schedule a confidential consultation to discuss your situation, understand your needs, and receive initial advice

2

Strategic Planning

We develop a tailored legal strategy outlining the steps, timeline, and necessary documentation to achieve your goals

3

Resolution and Support

We execute the plan, representing you in negotiations or proceedings, keeping you informed, and ensuring your rights are protected

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We’re behind you. Every step of the way.

Unmatched Expertise Across Industries and Sectors

Unmatched Expertise Across Industries and Sectors

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.

Over a Century of Trusted Legal Excellence

Over a Century of
Trusted Legal Excellence

We have over 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.

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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.

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Book A Consult.

Fill out the form below or give us a call at +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.

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