A will is not about you. It is about the people who have to sort things out afterwards, at the worst moment of their year, using whatever you left behind. An hour spent now spares them months — and it is the single most common thing our clients tell us they wish they had done sooner.
What we prepare
- Wills — drafted from scratch, covering who receives what, who administers your estate, and guardianship arrangements for children under 18.
- Enduring powers of attorney (financial and personal) — so someone you trust can act for you if you cannot act for yourself.
- Appointments of medical treatment decision maker and advance care directives — your health care wishes, recorded properly under Victorian law.
- Reviews and updates — because a will written before a marriage, a separation, a child or a property purchase may no longer do what you think it does.
- Testamentary trusts and blended-family structuring — where the estate, the beneficiaries or the family arrangement need more than a simple division.
Why it is worth doing properly
Kit wills and online templates fail in predictable ways: they are witnessed incorrectly, they do not deal with superannuation or jointly held property, they leave gaps if a beneficiary dies first, and they use wording that means something different in law than it does in conversation. A will that is invalid, or ambiguous, is resolved by a court — at your estate’s expense.
Common questions
Do I really need a will?
If you own anything, have children, or care who ends up with what, yes. Without a will you die intestate and your estate is divided according to a statutory formula that takes no account of your relationships, your intentions or your family’s circumstances.
What happens if I die without one?
In Victoria, the Administration and Probate Act 1958 sets a fixed order of entitlement — partner, then children, then wider family. Someone must apply to the Supreme Court for letters of administration, which is slower and more expensive than probate on a valid will. Anyone you wanted to provide for who is not on that statutory list receives nothing.
Can I change my will later?
Yes, at any time while you have capacity. We recommend a review every three to five years, and immediately after a marriage, separation, birth, death, significant purchase or business change. Marriage revokes an earlier will in most cases; separation on its own often does not.
Can I leave someone out?
You can, but certain people can apply to the court for provision from your estate regardless of what your will says. There are ways to reduce the risk of a successful claim — including recording your reasons contemporaneously — and doing it deliberately, with advice, matters far more than the wording alone.
Does my super pass under my will?
Usually not automatically. Superannuation is generally dealt with by the fund’s trustee unless you have a valid binding death benefit nomination in place. It is one of the largest assets most people have and one of the most commonly overlooked in estate planning — we check it as part of every will we prepare.