Making a Will

Under Victorian law, a Will must be in writing, signed by you with full decision-making capacity and intent, and formally witnessed by two independent adults who are physically present together at the exact same time you sign.

While that sounds simple enough on paper, tiny procedural errors, ambiguous wording, or improper execution can easily invalidate a DIY Will or trigger expensive court disputes down the track.

When you work with our Melbourne team, we handle every detail of the drafting and signing process so you can be 100% confident your Will is legally airtight and stands up when it matters most.

While Victorian law technically allows interested witnesses under very specific conditions, having a beneficiary (or their spouse) witness your Will is a major red flag that you should avoid at all costs.

Doing so can spark immediate claims of undue influence, create severe conflicts of interest, or put the beneficiary’s inheritance under threat of legal challenge.

We always recommend using two completely independent witnesses—or letting our team guide your signing process—so there’s zero doubt about the validity of your gifts.

Not automatically, and this is one of the biggest surprises for most people! Superannuation and life insurance policies held inside super don't form part of your personal Estate, meaning they aren't directly governed by what’s written in your Will. Instead, they are paid out according to your super fund’s rules or a specific Binding Death Benefit Nomination (BDBN).

We make sure your super nominations and Will are perfectly aligned so your hard-earned wealth and insurance payouts go exactly where you want them, often utilising testamentary trusts for tax efficiency and family protection.

No, Victoria doesn't have a mandatory official registry where you must lodge your Will while you’re alive. Instead, the most important step is keeping the original physical document safe, secure, and accessible to the people who will need it later.

We advise storing your original Will in a secure legal repository or safe, and keeping your nominated executors informed on where to find it. As part of our service, we give you clear guidance on proper storage and how to share access with your trusted executors.

A Will only takes effect after you die. A Power of Attorney takes effect while you're alive but unable to make decisions yourself, letting someone you trust step in and manage your finances, personal choices, or medical care in the meantime.

While your Will looks after your legacy and distributes your assets to loved ones down the track, a Power of Attorney protects you during your lifetime if illness or an accident strikes. Having both in place creates a complete safety net, ensuring you're fully supported throughout your life and that your family is guided seamlessly if the unexpected ever happens.

Yes, absolutely. A basic Will only covers personal assets held directly in your own name, leaving business structures, company shares, and family trusts completely untouched.

If you run a business, you need tailored business succession planning, trust deed reviews, and specific corporate Powers of Attorney to ensure operational control transitions smoothly without freezing bank accounts or daily trade.

We specialise in helping Melbourne business owners build robust Estate plans that seamlessly protect both their personal wealth and commercial hard work.

As soon as you have anything worth protecting—whether that's a partner, children, a home, or a business. Most people revisit theirs after a major life change: a new baby, starting a business, buying property, or a separation.

Waiting for "someday" often leaves your loved ones exposed to unnecessary stress and legal red tape. That’s why we’ve made getting it sorted painless and fast, taking just 2 to 3 weeks on a transparent fixed fee so you can tick it off your list for good and get back to enjoying life.

What happens to property depends entirely on how it’s registered on the legal title. If you own property as "Joint Tenants" (common for couples), your share automatically transfers to the surviving owner upon death, regardless of what your Will says. However, if you own it as "Tenants in Common", your distinct share becomes part of your Estate and is distributed according to your Will.

As part of our service, we conduct property searches to verify your ownership structures so your Estate plan actually functions the way you intend.

Victorian law decides who inherits your Estate, starting with a spouse or partner, then children. Without a Will, you die "intestate," meaning state legislation applies a rigid formula to your assets that often leads to unwanted tax consequences, family friction, and heavy legal costs for grieving relatives.

And if something happens to both parents, a Will is what lets you choose who raises your children; without one, that deeply personal decision is left entirely to the Court and government agencies to decide.

Yes, major marital changes significantly impact your Will under Victorian law. Getting married automatically revokes any existing Will unless the document explicitly states it was made "in contemplation" of that specific marriage.

On the flip side, getting divorced revokes any gifts or executor appointments made to your ex-spouse, but leaves the rest of the Will active—which can lead to unintended gaps or messy complications in your plan.

If you've recently married, separated, or divorced, updating your Estate plan immediately is essential to ensure your current wishes are protected.