Wills & Estate Planning Lawyers Melbourne

Have you recently moved house, had children, or changed your financial situation? It may be time to prepare or review your Will. A valid, up-to-date Will ensures your wishes are properly documented and your loved ones are protected.

Download the Wills & Attorney Kit Start Preparing Your Will Today

Some Important Considerations When Preparing Your Will

Executor - the person you appoint to carry out your final wishes. This should be someone you trust who has the time to fulfil the role.

Guardian - The person or people you appoint to care for your children. Choose someone who shares your values and lifestyle, and consider any specific wishes about where your children will live, who they should or should not see, and their education or extracurricular activities.

Gifts - your opportunity to nominate sentimental items (for example, wedding rings, heirlooms or collectables) that you want to leave to a specific person.

Beneficiaries - the person or people you want to leave your estate to. This may also be a charity or organisation. If your beneficiary is a minor (under the age of 18) you may wish to consider leaving the benefit in a trust.

Funeral instructions - your preferences about burial, cremation, funeral arrangements and organ donation.

Exclusions - if there is someone you want to exclude from your Will, it is important to note them.

Steps to Prepare Your Will

1. Complete the Wills & Powers of Attorney Kit with your details.

2. Email the completed form to info@spectrumlaw.net.au.

3. Spectrum Lawyers will prepare a draft Will and email it to you.

4. Once you're satisfied, we'll arrange a Will signing appointment.

If at any stage you have any questions, please contact us and we would be more than happy to answer them, and work through the Will Kit form with you.

Pricing

$590.00 (including GST) per standard Will. This fee includes any consultations to complete the form and the final signing appointment.

Our Services

Simple and complex Wills

Testamentary Trust Wills

Blended family estate planning

Will reviews and updates

Frequently asked questions

What is an executor?

An executor is the person appointed in a Will to administer the deceased person's estate. Their role includes applying for probate (where required), collecting assets, paying debts, and distributing the estate to the beneficiaries in accordance with the Will.

In your Will, you can appoint any adult (18 years or older) who has legal capacity to act as your executor. Common choices include:

A spouse or partner
An adult child
A trusted family member or friend
More than one person jointly

It is important to choose someone who is trustworthy, organised, and willing to take on the responsibilities of administering your estate.

What is a beneficiary?

A beneficiary is a person or organisation entitled to receive a benefit or share of a deceased person's estate under a Will.

You can generally leave your estate to any person or organisation you choose, including:

Your spouse or partner
Children, grandchildren, or other relatives
Friends
Charities
Religious organisations
Other entities such as companies or trusts

You may also leave specific gifts (for example, money, jewellery, or property) or a share of your estate to one or more beneficiaries.

If there are multiple executors, who has to apply for Probate?

Generally, if there are joint executors, all of those named in the Will who are willing and able to act should apply for Probate together. However, an executor may choose not to act by renouncing their role, allowing the remaining executor(s) to apply.

Why do I need a Will?

A Will allows you to decide:

Who will receive your assets after your death
Who will act as your executor
Who will care for any minor children
How your estate will be administered

Without a valid Will, your estate will be distributed according to Victorian intestacy laws, which may not reflect your wishes.

What is the importance of Powers of Attorney (Enduring Powers of Attorney and Appointment of Medical Treatment Decision Maker)?

These documents allow you to appoint trusted people to make decisions on your behalf if you lose the capacity to make decisions yourself.

Enduring Power of Attorney: authorises someone to make financial and personal decisions for you.
Appointment of Medical Treatment Decision Maker: authorises someone to make medical treatment decisions for you.

These documents operate during your lifetime and cease upon your death.

When should I apply for Probate and how long does the process take?

An application for Probate is usually made after the death of the Will-maker when assets cannot be transferred or dealt with without a Grant of Probate. The timing depends on the nature and value of the estate’s assets. In Victoria, once all necessary information and documents have been gathered and the application is filed, Probate is commonly granted within approximately 4 to 8 weeks, although processing times can vary depending on the complexity of the estate and the workload of the Court.

Need help with Wills?

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