Wills
A valid, professionally drafted Will that clearly expresses your wishes and stands up to scrutiny — for simple estates and complex ones alike.
Wills
A valid Will is one of the most important documents you will ever sign. Without one, your estate is distributed according to rules set by the government under the Administration and Probate Act 1958 (Vic) — which may not reflect your wishes and can create significant conflict and cost for the people you leave behind. We draft Wills that are legally valid under the Wills Act 1997 (Vic), clearly express your intentions, and are structured to minimise the risk of dispute.
We cover simple Wills through to complex structures involving blended families, business interests, and testamentary trusts. A Will appoints an executor to administer your estate, directs how your assets are distributed, and can include guardianship nominations for minor children. Where your estate involves a business, family trust, or SMSF, we ensure the Will works together with those structures — not against them.
Your Will should be reviewed after any major life event. Marriage revokes an existing Will in Victoria. Divorce removes former spouse provisions but does not revoke the Will entirely. The birth of a child, a significant change in assets, or the death of an executor or beneficiary are all reasons to update. We help clients keep their Wills current so that their wishes are always reflected accurately.
Based at 4 Watton Street, Werribee, we assist clients across Hoppers Crossing, Point Cook, Tarneit, Wyndham Vale, Truganina, Manor Lakes, and the wider Wyndham region.
An Enduring Power of Attorney authorises someone you trust to make financial and medical decisions on your behalf if you lose capacity. Without one, your family may need to apply to VCAT — a costly and slow process. Everyone over 18 should have one in place alongside their Will.
Power of attorney — full details →A testamentary trust is created through your Will and comes into effect on your death. It offers tax advantages and asset protection for beneficiaries — particularly useful for families with minor children, blended families, or beneficiaries with special needs or financial vulnerability.
Testamentary trusts — full details →A Will is the foundation of your estate plan, but a complete plan also covers powers of attorney, medical treatment decision makers, and how your assets are structured. We advise on the full picture so nothing is left to chance.
Estate planning — full details →In Victoria, eligible persons can make a family provision claim if they were inadequately provided for in a Will. A carefully drafted Will with a clear statement of reasons can reduce the risk of a claim. We advise on how to structure your Will to minimise exposure.
Contesting a Will — full details →Your wishes,
clearly expressed.
A Will drafted without legal advice often looks fine on its face — and fails when it matters most. We look beyond the obvious: How are your assets held? Who are your beneficiaries and do any of them have special circumstances? Does your Will work with or against your superannuation nominations and business structures?
We draft Wills that are valid, clear, and built to last. Where a testamentary trust or other protective structure is appropriate, we advise on it. Where your existing Will needs updating, we tell you what needs to change and why.
As Werribee's oldest law firm, we have been preparing Wills for Wyndham families for generations. We understand local circumstances and bring that experience to every matter.
Wills FAQs
Under the Wills Act 1997 (Vic), a Will must be in writing, signed by the testator (or by someone in their presence and at their direction), and witnessed by two independent witnesses present at the same time. The witnesses must sign in the testator's presence. Witnesses should not be beneficiaries or spouses of beneficiaries — doing so does not invalidate the Will but may void the gift to that beneficiary.
If you die without a valid Will (intestate), your estate is distributed according to the rules of intestate succession under the Administration and Probate Act 1958 (Vic). The rules follow a fixed formula based on family relationships — your wishes are entirely irrelevant. In blended families or where assets are held in trusts or companies, the outcome can be far from what you would have chosen. Someone must also apply to the court for letters of administration before the estate can be managed.
You should review your Will after any major life event: marriage (which revokes an existing Will in Victoria), divorce (which removes former spouse provisions but does not revoke the Will entirely), the birth of a child, the death of a beneficiary or executor, a significant change in assets, or acquiring or selling a business interest. We recommend reviewing your Will every three to five years even if nothing has changed.
Yes. In Victoria, eligible persons — spouses, domestic partners, children, and in some cases stepchildren and former spouses — can make a family provision claim under the Administration and Probate Act 1958 (Vic) if they believe they were inadequately provided for. A carefully drafted Will that documents your reasons for the distribution you have chosen, combined in some cases with a testamentary trust or binding financial agreement, can reduce the risk of a successful claim.
A testamentary guardian is a person nominated in your Will to care for your minor children if both parents die. The nomination gives the family court important guidance when determining the children's living arrangements, though it is not automatically binding — the court's paramount concern is the best interests of the children. If you have children under 18, nominating a guardian is one of the most important decisions in your Will.
You are not legally required to use a lawyer, but a poorly drafted Will can cause significant problems — delays, disputes, and costs that far exceed the cost of professional advice. Common errors in DIY Wills include improper execution, ambiguous beneficiary descriptions, failure to account for assets held in trusts or companies, and Wills that are revoked without the testator realising it. We draft Wills that are valid, clear, and structured to minimise the risk of challenge. Call (03) 9741 3777 to arrange a consultation.
Yes. We are based at 4 Watton Street, Werribee and regularly act for clients across the Wyndham region — including Hoppers Crossing, Point Cook, Tarneit, Wyndham Vale, Truganina, Manor Lakes, and Werribee South. We also assist clients in Lara, Little River, and Geelong. Call (03) 9741 3777 to arrange an appointment.
Put your wishes in writing.
A professionally drafted Will is one of the most important things you can do for your family.