Wills and Estate Lawyers Melbourne
Making an estate plan and preparing a valid Will can help reduce some of the stress and uncertainty your family may face when you pass away.
Planning for what lies ahead requires carefully considered advice from experienced Wills and Estate Lawyers Melbourne. Our team has years of experience in all areas of law, from preparing Wills to administering estates.
What Is a Will?
A Will is a written legal document that states your wishes about what should happen to your property (your ‘estate’) after your death. It instructs the person or organisation responsible for distributing your estate (your ‘executor’) on how to carry out your instructions.
A Will can also include provisions about handling your remains and appoint guardians for any of your children.
Recently, DIY Will kits and online options have made writing your own Will seem like a simple way to organise your affairs. However, it is not as easy as it appears, and there is no substitute for proper advice from a qualified lawyer—no matter how straightforward your situation may seem.
While a DIY Will might appear cost-effective, it can create emotional and financial difficulties for those you leave behind if it does not reflect your true intentions. Unfortunately, this happens more often than many people realise.
Having a lawyer prepare your Will and advise you on estate planning is a small price to pay to ensure your wishes are carried out as intended after you pass away.
Who Can Make a Will?
Anyone aged 18 years or over can make a Will, provided they have the mental capacity to understand what they are doing. People under 18 can only make a valid Will if they are married or have a court order authorising them to do so.
Our Melbourne Wills and Estate Lawyers Can Assist With:
- Advising you on estate, probate, and succession laws
- Preparing a Will that maximises inheritance for your family
- Setting up family and testamentary trusts to protect assets and beneficiaries
- Advising you on your choice of executors and trustees
- Minimising the chances that your Will is contested or subject to litigation
- Providing guidance on estate tax (including capital gains) and financial concerns
- Safely storing your Will and other important legal documents
How Much Does a “Standard” Will Cost?
- $660 for a single standard Will
- $1,200 for couples’ standard Wills
For complex Wills, we offer a 30-minute free consultation. A complex Will may involve:
- Blended families
- Assets valuable enough to incur estate taxes
- Establishing a special needs trust for a child with a disability
- Setting up trusts to distribute money at specific ages
- Anticipating significant asset growth
- Having a previous spouse
- Creating joint Wills with a spouse
- Owning a business
Contact Our Melbourne Wills and Estate Lawyers
If you need assistance with Wills, probate, or estate planning, get in touch with our experienced team.
What Is a Bequest in a Will?
A bequest is a gift made in a Will. The beneficiary is the person or organisation receiving that gift.
You can make a bequest in several ways:
- Specific bequest: A defined item, sum, or property
- Monetary bequest: A fixed cash amount
- Residuary bequest: What remains of your estate after other gifts and expenses
If you want to include a bequest in your Will, our team can explain your options and help you document them clearly.
Testamentary Trusts
A Testamentary Trust in a Will offers many benefits, such as:
- Asset protection
- Income tax advantages
- No limit on beneficiaries
- Pension and Centrelink advantages
- Exemptions from property transfer fees
Our Wills and Estate Lawyers in Melbourne can assess whether a testamentary trust suits your circumstances.
Challenging the Validity of a Will
For a Will to be legally valid, it must:
- Be in writing
- Be intended as your Will
- Be signed by you on each page, in front of at least two witnesses
- Be dated at the time of signing
You may challenge a Will if:
- The maker lacked mental capacity
- The Will was made under duress or undue influence
- Fraud or coercion was involved
- The Will contains errors or unclear instructions
Estate litigation can be complex and emotional, especially where family disputes exist. Our experienced Wills and Estate Lawyers Melbourne can guide you through the process and represent your interests if necessary.
Have You Been Left Out of a Will?
If you have been left out of a Will or treated unfairly in your inheritance, you may be eligible to make a claim against the estate.
Eligibility varies by state but may include:
- Spouses or de facto partners (including same-sex partners)
- Former spouses or de facto partners
- Children, stepchildren, or grandchildren
- Parents of children of the deceased
- Parents or siblings of the deceased
- People financially dependent on the deceased
This is a general guide only. It’s important to speak with an experienced estate litigation lawyer in Melbourne. Time limits apply to family provision claims, so seek advice early.
Many claims settle outside Court. However, if litigation becomes necessary, our Wills and Estate Lawyers Melbourne will advocate for you with strength and compassion.
Probate and Estate Administration
Being an executor carries serious responsibility. Our wills and estate lawyers can guide you through each step, including:
- Interpreting the Will under estate laws
- Notifying Centrelink, Veterans Affairs, and other agencies
- Applying for Probate or Letters of Administration
- Identifying assets and liabilities
- Collecting funds from banks, superannuation, insurance, and loans
- Selling or transferring estate property
- Paying debts, funeral expenses, and other obligations
- Managing family and testamentary trusts
- Distributing inheritances
- Preparing information for estate tax returns