Wills and Estates Lawyers Victoria

Wills and Estates Lawyers in Victoria

Wills and estates law in Victoria governs how a person's assets, property and financial affairs are managed during their lifetime and distributed after their death. This area of law encompasses the drafting of valid wills, the appointment of executors, the administration of deceased estates, applications for probate, and the establishment of testamentary trusts for asset protection purposes. Victorian residents must comply with the requirements set out under the Wills Act 1997 (Vic), which prescribes how a will must be executed to be legally valid, while the Administration and Probate Act 1958 (Vic) governs the administration of estates and the rights of eligible persons to make family provision claims.

Engaging an experienced wills and estates lawyer is essential to ensure your wishes are properly documented and legally enforceable. Without a valid will, your estate will be distributed according to the intestacy provisions under the Administration and Probate Act 1958 (Vic), which may not reflect your intentions and can cause significant distress for your family. A lawyer can also help you understand complex matters such as superannuation death benefits, jointly held property, blended family arrangements, and the use of testamentary trusts to protect assets for beneficiaries such as minor children or individuals with disabilities.

In Victoria, estate matters are primarily dealt with by the Supreme Court of Victoria, which has jurisdiction to grant probate and letters of administration and to resolve contested estate disputes. The Victorian Civil and Administrative Tribunal (VCAT) also plays a role in certain guardianship and administration matters involving persons who lack decision-making capacity. Family provision claims — where an eligible person seeks a greater share of a deceased estate — must be brought within six months of the grant of probate or letters of administration under the Administration and Probate Act 1958 (Vic), making timely legal advice critically important.

Will Drafting and Testamentary Trusts

Our Victorian wills and estates lawyers assist clients in drafting clear, legally valid wills that accurately reflect their wishes and protect their loved ones. Under the Wills Act 1997 (Vic), a will must be in writing, signed by the testator in the presence of two witnesses, and those witnesses must sign in the presence of the testator. We advise on the appropriate appointment of executors and guardians for minor children, the distribution of specific assets, and the establishment of testamentary trusts within the will. Testamentary trusts are particularly popular in Victoria for asset protection purposes, allowing assets to be held on trust for beneficiaries such as children, grandchildren or individuals with disabilities, often with significant tax advantages and protection from creditors or relationship breakdown.

Powers of Attorney and Advance Care Directives

Planning for the possibility of losing decision-making capacity is as important as planning for death. Our lawyers assist Victorian clients in preparing enduring powers of attorney under the Powers of Attorney Act 2014 (Vic), appointing a trusted person to manage financial and legal affairs, as well as supportive attorney arrangements. We also assist with the preparation of advance care directives, which allow you to document your preferences regarding medical treatment and personal care should you become unable to communicate those wishes yourself. Having these documents in place can prevent costly and emotionally difficult applications to VCAT for guardianship or administration orders, and ensures your chosen person — rather than a tribunal-appointed guardian — has authority to act on your behalf.

Applying for Probate and Letters of Administration

When a person dies in Victoria, it is often necessary to obtain a grant of probate from the Supreme Court of Victoria before the executor can deal with estate assets such as real property or shares. Where a person dies without a valid will (intestate), an eligible person may apply for letters of administration to be appointed as administrator of the estate. Our lawyers manage the entire probate application process, including preparing the necessary affidavits, inventories of assets and liabilities, and lodging documents with the Supreme Court. We also advise on the distribution of the estate in accordance with the will or, in cases of intestacy, in accordance with the intestacy provisions under the Administration and Probate Act 1958 (Vic).

Contesting a Will and Family Provision Claims

In Victoria, eligible persons — including spouses, domestic partners, children and certain other dependants — may make a family provision claim if they believe they have not been adequately provided for under a deceased's will or on intestacy. These claims are governed by Part IV of the Administration and Probate Act 1958 (Vic) and must be commenced within six months of the grant of probate or letters of administration, making prompt legal advice essential. Our lawyers represent both claimants seeking a greater share of an estate and executors or beneficiaries defending against such claims before the Supreme Court of Victoria. We also advise on grounds for challenging the validity of a will, including lack of testamentary capacity, undue influence, fraud or failure to comply with the formal execution requirements under the Wills Act 1997 (Vic).

Estate Administration

Administering a deceased estate can be a complex and time-consuming process, particularly where the estate includes real property, business interests, superannuation, or assets held in multiple jurisdictions. Our Victorian estate administration lawyers guide executors and administrators through each stage of the process, from notifying beneficiaries and creditors through to collecting assets, paying debts, preparing estate accounts and making final distributions. We assist with the transfer of real property through Land Use Victoria, advise on the tax implications of estate administration including capital gains tax, and help resolve disputes between beneficiaries or creditors. Where an executor is unable or unwilling to act, we can advise on the options available under the Administration and Probate Act 1958 (Vic), including applications for removal or substitution of an executor by the Supreme Court of Victoria.

Go To Court Lawyers has been helping Victorians with wills and estates matters since 2010, building a reputation for accessible, high-quality legal advice across Melbourne and regional Victoria. With more than 800 lawyers operating across Australia's largest legal network, we have local lawyers who understand the specific requirements of Victorian legislation, the Supreme Court of Victoria's probate processes, and VCAT's role in guardianship matters. We offer a $295 fixed-fee initial consultation so you can get clear, practical advice without uncertainty about costs, and our 24/7 phone hotline means you can speak to a lawyer whenever you need guidance — including in urgent estate matters. Same-day appointments are available at our Melbourne and regional offices, ensuring you receive timely advice when it matters most. Our commitment to client service is reflected in our 4.5-star rating on Product Review, with thousands of Australians trusting us to handle their most important legal and personal matters with professionalism and care.