Wills and
Estates
Professional Will drafting, powers of attorney, probate, and deceased estate administration — giving you certainty that your wishes will be carried out.
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 — which may not reflect your wishes, and can create significant conflict and cost for the people you leave behind. Purcell and Purcell Pty Ltd has been helping Werribee families protect what matters most for generations.
Wills
A professionally drafted Will that is valid under Victorian law, clearly expresses your wishes, and minimises the risk of dispute. We cover simple Wills through to complex structures involving blended families, business interests, and testamentary trusts.
Wills — full details →Power of Attorney
Enduring, general, and medical treatment powers of attorney. An Enduring Power of Attorney authorises someone you trust to manage your financial and legal affairs if you lose capacity. A Medical Treatment Decision Maker appoints someone to make healthcare decisions on your behalf.
Power of attorney — full details →Probate and Estate Administration
We guide executors through the probate process — applying to the Supreme Court of Victoria for a grant of probate, collecting and valuing assets, paying debts, and distributing the estate to beneficiaries. We manage the complexity so executors can focus on their family.
Probate and estate administration →Contesting a Will
In Victoria, eligible persons can make a family provision claim if they were inadequately provided for in a Will. Strict time limits apply — generally 6 months from the grant of probate. Early advice is essential whether you are making or defending a claim.
Contesting a Will — full details →Testamentary Trusts
A testamentary trust is created through your Will and comes into effect on your death. It offers significant 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 →Letters of Administration
Where a person dies without a valid Will (intestate), someone must apply to the court for letters of administration to manage the estate. We handle this process and advise the administrator on their obligations and the rules of intestate succession under Victorian law.
Letters of administration — full details →Estate Planning
A complete estate plan covers your Will, enduring power of attorney, medical treatment decision maker appointment, superannuation nominations, and how your assets are structured. We advise on the full picture — from simple plans to complex estates involving trusts, businesses, and blended families.
Estate planning — full details →Succession Planning
Most family businesses do not survive the death or exit of a founder without a plan. Buy-sell agreements, shareholder arrangements, and succession Wills that coordinate with your business structure are the foundations of protecting what you have built.
Succession planning — full details →Survivorship Application
When a joint tenant passes away, we handle the application to formally transfer their property interest to the surviving owner.
Survivorship Application — full details →Protecting your legacy.
Protecting your family.
A Will is not just a document — it is the clearest expression of what matters to you and who you trust to carry out your wishes. We take the time to understand your circumstances fully before putting pen to paper.
We advise on structures that protect beneficiaries — including testamentary trusts for minor children, provisions for blended families, and arrangements that minimise the risk of a successful challenge to your estate.
As Werribee's oldest law firm, we have helped generations of Wyndham families plan for the future with clarity and confidence. Our advice is honest, thorough, and always affordable.
Wills and estates FAQs
You are not legally required to use a lawyer, but a professionally drafted Will ensures it is valid, properly witnessed, and unambiguous. Poorly drafted or informal Wills — including online Wills — are a common cause of disputes and can result in expensive litigation that delays distribution of your estate for years. A lawyer-drafted Will gives you certainty.
Under the Wills Act 1997 (Vic), a valid Will must be in writing, signed by the testator (or someone directed by them in their presence), and witnessed by two people who are present at the same time and who do not benefit from the Will. If these requirements are not met, the Will may be invalid — and your estate distributed as if you had no Will at all.
Dying without a valid Will (intestate) means your estate is distributed according to the Administration and Probate Act 1958 (Vic). Your spouse or domestic partner generally receives the estate first, but the rules become complex if you have children from different relationships, are separated but not divorced, or have no immediate family. Your assets may not go to who you intended.
Generally yes — you have freedom to leave your estate to whoever you choose. However, certain people including spouses, domestic partners, children, and some dependants can make a family provision claim under the Administration and Probate Act 1958 (Vic) if they believe they were not adequately provided for. A lawyer can help you structure your Will to reduce the risk of a successful challenge.
A testamentary trust is created through your Will and takes effect on your death. It holds assets for the benefit of nominated beneficiaries — often children or grandchildren. Key benefits include asset protection (shielding inheritance from a beneficiary's creditors or relationship breakdown), tax advantages (income can be distributed to minor beneficiaries at adult tax rates), and control over how funds are used. They are particularly valuable for blended families, large estates, or beneficiaries with special needs.
Eligible persons — including spouses, domestic partners, children, and in some cases stepchildren and carers — can make a family provision claim in the Supreme Court of Victoria if they were not adequately provided for in a Will. Strict time limits apply: generally 6 months from the grant of probate. If you believe you have grounds to challenge a Will, seek legal advice immediately.
The Supreme Court of Victoria typically takes 4–8 weeks to grant probate once the application is lodged. Before lodging, the executor must gather the original Will, death certificate, and an inventory of assets. Total administration of the estate — including distributing assets to beneficiaries — can take several months to over a year depending on the complexity of the estate and whether any disputes arise.
An executor is responsible for administering the estate — applying for probate, collecting and valuing assets, paying debts and taxes, and distributing the estate to beneficiaries in accordance with the Will. It is a significant responsibility. We advise and assist executors at every stage, helping them meet their legal obligations and protect themselves from personal liability.
Costs depend on the complexity of your Will and estate planning needs. We are committed to providing experienced legal advice at an affordable price, and we will always discuss fees upfront before proceeding. Call (03) 9741 3777 to arrange a consultation.
Bring photo ID and a summary of your assets (property, bank accounts, superannuation, investments, business interests) and liabilities. It helps to have thought about who you want as executor and beneficiaries, and whether you want to make any special provisions. Don't worry if you are unsure on some details — we will guide you through the process.
Yes. We are based at 4 Watton Street, Werribee and regularly act for clients across the Wyndham region — including Hoppers Crossing, Wyndham Vale, Point Cook, Tarneit, Truganina, Manor Lakes, and Werribee South. We also assist clients in Lara, Little River, and Geelong. Call (03) 9741 3777 to arrange an appointment.
Ready to get your affairs in order?
A Will and Power of Attorney are two of the most important documents you will ever have. Let us help you get them right.