Drafting a Will in Victoria
Protect Your Wishes
A Will is a legally binding document that outlines how your assets will be distributed after your death. Without one, your estate may be divided according to Victorian intestacy laws, which may not reflect your wishes.
Why is a Will important?
A Will is important because:
- It lets you choose who inherits your estate.
- You can appoint a guardian for your children.
- You reduce the risk of family disputes.
- It can include funeral directions or charitable gifts.
If you are located in Seymour, Melbourne or regional Victoria, our estate lawyers can assist with simple and complex Wills, including Wills with blended families, life interests, or trusts. We will explain your options clearly and help you make informed choices.
Helpful Tip!
Review your Will every few years or after major life events like marriage, divorce, or the birth of a child.
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Succession Law
What Happens If There’s No Will?
If someone dies without a valid Will, they are considered to have ‘died intestate’. In Victoria, the Administration and Probate Act 1958 sets out how the estate is distributed.
In most cases:
- If the deceased leaves a partner and no children, the partner inherits everything.
- If there are children from another relationship, the estate is shared between the partner and children.
- Extended family members may become entitled if there is no immediate family.
We help families in Seymour, Melbourne, and rural Victoria
- Understand who is legally entitled under intestacy rules.
- Apply for Letters of Administration.
- Handle complex estate situations or disputes.
Probate & Estate Administration –
Step-by-Step Guidance
When a person passes away with a valid Will, their executor must apply for Probate to begin distributing the estate. This is a legal process handled by the Supreme Court of Victoria.
Our estate lawyers in Seymour, Melbourne and regional Victoria can help with:
- Preparing and lodging the Probate application.
- Managing the estate’s debts, taxes, and asset transfers.
- Assisting with disputes or claims against the estate.
- Advising on superannuation and jointly held assets.
If there is no Will, we assist with Letters of Administration, which is the equivalent process for intestate estates.
Executor’s Duty
Executors must act in the best interests of the beneficiaries and follow the law. We provide clear, practical advice so you can carry out your duties with confidence.
Our expert team in Seymour and across Melbourne and Victoria provides clear, practical legal advice so you can fulfil your role with confidence.
Contact Us
Please get in touch either by phone, e-mail or using the enquiry link below
Seymour Office
9/78 Station Street, Seymour Victoria 3660, Australia
Melbourne Office
Level 11, 456 Lonsdale Street, Melbourne Victoria 3000, Australia