Wills & Estates Lawyers 
in Melbourne

If you die without a valid will in Victoria, your estate is distributed under the Administration and Probate Act 1958 (Vic), which sets out a fixed formula based on your surviving relatives. Your spouse or domestic partner is usually first in line, followed by children. The formula does not account for your personal wishes, informal arrangements, or the needs of people you intended to provide for. Making a will is the only way to control how your assets are distributed.

A will takes effect only after your death and sets out how your estate is to be distributed. A trust is a legal structure where a trustee holds and manages assets for the benefit of nominated beneficiaries, and it can operate during your lifetime as well as after it. Testamentary trusts, which are created inside a will, are commonly used in Victoria for tax planning, protecting assets for minor children, or managing assets for beneficiaries who are vulnerable or have complex needs.

Review your will every three to five years and after any significant life event, including marriage, divorce or separation, the birth or death of a beneficiary, acquiring or disposing of major assets, or changes to your superannuation arrangements. Under s.13 of the Wills Act 1997 (Vic), marriage automatically revokes an existing will unless it was made in contemplation of that marriage. Divorce revokes gifts and appointments to a former spouse under s.14, but separation alone does not. If you separate without divorcing and die without updating your will, your spouse may still inherit.

Changes to a signed will must be made either by executing a formal codicil, which amends specific provisions while leaving the rest of the will intact, or by revoking the existing will and signing a new one. Both methods require the same signing and witnessing formalities as the original will. Handwriting changes, crossing out text, or attaching notes to the original document are not valid in Victoria and are likely to create ambiguity or disputes.

No. A life estate is created by a separate legal instrument, such as a deed or an earlier will, and grants a person the right to occupy or use a property for the duration of their life. When the life tenant dies, ownership passes to the person named as remainderman in the original document, regardless of what the life tenant's own will says. The life tenant does not own the property outright, so it does not form part of their estate for distribution under their will.

When a person dies without a will, there is no named executor. Instead, an eligible person, usually the next of kin such as a spouse, adult child, or parent, applies to the Supreme Court of Victoria for Letters of Administration. This document authorises the administrator to collect assets, pay debts, and distribute the estate according to the intestacy rules under the Administration and Probate Act 1958 (Vic). A lawyer can prepare and file the application on your behalf.

Contesting a will challenges its legal validity on grounds such as lack of testamentary capacity, undue influence, fraud, or failure to comply with formal signing requirements. If successful, the will is set aside and the estate is distributed under an earlier will or the intestacy rules. A family provision claim under the Administration and Probate Act 1958 (Vic) accepts the will as valid but asks the court to award a larger share to an eligible person, such as a spouse, child, or dependant, who was inadequately provided for.

An Advance Care Directive allows you to record your preferences for future medical treatment and personal care in the event that you lose the capacity to make or communicate decisions. In Victoria, it is governed by the Medical Treatment Planning and Decisions Act 2016 (Vic). You can specify the treatments you consent to or refuse, appoint a medical treatment decision maker, and include values important to you. Healthcare providers are legally required to follow a valid ACD.

An executor is the person named in a will who is responsible for administering the estate after the will-maker dies. Their duties include locating and securing estate assets, applying for a Grant of Probate where required, paying outstanding debts and taxes, and distributing the remaining estate to beneficiaries in accordance with the will. In Victoria, executors have legal obligations to beneficiaries and creditors, and they can face personal liability if the estate is not administered correctly.

Probate is the formal legal process by which the Supreme Court of Victoria confirms that a will is valid and grants the executor authority to administer the estate. Most financial institutions, land registries, and government agencies require a Grant of Probate before they will release assets or transfer title. Without it, executors typically cannot access bank accounts, sell real estate, or transfer shares. Whether probate is required depends on the nature and value of the assets in the estate.

An Enduring Power of Attorney is a legal document that authorises a person you appoint, known as your attorney, to make financial and personal decisions on your behalf. In Victoria, it is governed by the Powers of Attorney Act 2014 (Vic). Unlike a general power of attorney, an EPOA continues to operate if you lose mental capacity. You can specify the scope of the attorney's authority, impose conditions, and appoint multiple attorneys. An EPOA only operates during your lifetime and ceases on your death.