How often should I update my will?

Review your will every three to five years, and always after marriage, entering or ending a de facto relationship, divorce, the birth of a child, the death of a beneficiary or executor, or a significant change in your assets. Marriage generally revokes an earlier will unless the will was made in contemplation of that marriage.

Does my will cover superannuation?

Not automatically. Superannuation is usually paid at the discretion of the fund's trustee unless you have a valid binding death benefit nomination. Coordinating superannuation with your will is an important part of planning.

Can I disinherit an adult child in Victoria?

You can, but an eligible person including a spouse, child or dependant may bring a claim under Part IV of the Administration and Probate Act 1958 (Vic) for further provision. A well-considered will explains reasons, so that the court has context. This does not remove the right to claim.

Do I need a testamentary trust?

Not always. Testamentary trusts add complexity and administration cost. They can be very useful where children may inherit while minors, where beneficiaries face bankruptcy or family law risk, or where the estate is significant and income splitting produces meaningful tax savings.

Where should my will be stored?

In a secure location — typically your lawyer's safe custody, with an index recording location. Executors need to be told where to find the original. Photocopies are not sufficient for probate.

— Wills & Estate Planning

Wills & Estate Planning

Estate planning is the deliberate arrangement of your affairs so that your assets pass in the way you intend, decisions can be made if you lose capacity, and unnecessary tax, delay and family dispute are avoided. Our practice has advised generations of Melbourne families on wills and estate planning since the early 1970s.

What estate planning covers

A complete estate plan for most people has four elements: a will, an enduring power of attorney (financial and personal matters), an appointment of medical treatment decision maker and, where appropriate, a plan for how superannuation and jointly held assets will pass. Business owners also need to consider how their business interests are held and how they will be dealt with on death or incapacity.

Who should have a plan

Anyone with children under 18.
Couples where one or both have children from previous relationships.
Property owners.
Business owners and shareholders in family companies.
People with significant superannuation balances.
People who wish to make specific gifts, charitable bequests or provision beyond an equal division.
Anyone who has not updated their arrangements after marriage, divorce, a new relationship, the birth of children or a substantial change in assets.

Wills

A will must comply with the Wills Act 1997 (Vic) — signed by the will-maker in the presence of two independent witnesses who each sign in the presence of the will-maker and each other. It should appoint executors, deal with the whole estate, address guardianship of minor children, and be worded to accommodate deaths, births and changes in assets after the date of signing.

A homemade or template will can be valid, but small drafting errors — an ambiguous phrase, a missing residuary clause, an executor named without an alternative — often create disputes and unnecessary cost after death. Where the estate is significant or the family structure is not straightforward, a professionally drafted will pays for itself many times over.

Enduring powers of attorney

Under the Powers of Attorney Act 2014 (Vic), you can appoint someone to make financial and personal decisions for you if you lose decision-making capacity. The instrument must comply with statutory formalities and record the powers, restrictions and safeguards you want to include.

Medical treatment decision maker

The Medical Treatment Planning and Decisions Act 2016 (Vic) allows you to appoint a medical treatment decision maker to consent to or refuse medical treatment on your behalf if you cannot. This is a separate appointment from an enduring power of attorney.

Superannuation

Superannuation death benefits are generally not part of your estate unless directed there by a binding death benefit nomination or by the trustee's discretion. Coordinating your super with your will — including tax planning for benefits paid to non-dependant adult children — is a central part of a modern estate plan.

Testamentary trusts

A testamentary trust is a trust that comes into existence under a will. It can offer tax advantages for children under 18, asset protection for beneficiaries at risk of insolvency or family law disputes, and structured management where beneficiaries are young or vulnerable. Testamentary trusts are not right for every estate; we assess whether one is appropriate as part of the planning.

How we work

Initial meeting to understand your family, assets, business interests and intentions.
Written summary of proposed structure and options for you to consider.
Drafting of documents, in plain English with legal precision.
Signing meeting with proper witnessing.
Safe storage of originals and a copy for your records.
Suggested review of your plan every three to five years or on any major life event.

Documents ordinarily prepared as a set

Estate planning for an individual or couple typically produces a set of documents rather than a single will. The set usually includes a will, an enduring power of attorney (financial and personal), and an appointment of medical treatment decision maker. For clients with family trusts, self-managed superannuation funds, or private companies, additional documents such as trust deed variations, succession appointments and binding death benefit nominations are commonly prepared to complete the plan.

Assets that pass outside the will

Not every asset passes under the will. Jointly held property held as joint tenants passes by survivorship. Superannuation benefits are distributed by the fund trustee under the fund rules and any binding death benefit nomination in force. Assets owned by a family trust remain with the trustee, and the succession of control is determined by the trust deed. Effective estate planning aligns these separate streams — will assets, superannuation, and trust and company control — so that the overall result matches the client's intentions.

Family provision and blended family considerations

In Victoria, a person who considers they have not been adequately provided for by a will may apply to the Supreme Court for a family provision order in defined circumstances. Blended families, adult children with special needs, estranged children, and dependants who are not children are common contexts where advice on this risk is particularly important. A carefully drafted will, supported by a contemporaneous statement of reasons where appropriate, is one of the tools used to reduce that risk.

When separate advice is required

Estate planning frequently sits alongside taxation and financial advice, particularly on superannuation, capital gains tax on the transfer of assets, testamentary trust taxation, and business succession. We identify these issues and coordinate with the client's accountant and financial adviser, but we do not provide taxation, accounting or financial product advice.

Reviewing an existing plan

A plan should be revisited whenever there is a significant change in circumstances — marriage, separation, divorce, the birth of a child or grandchild, the death of a beneficiary or executor, the acquisition or disposal of a business or investment property, moving interstate, or a change in health. Even without such an event, a review every three to five years is prudent.

Limitations of general information

Estate planning is inherently personal. The commentary on this page is general and is not a substitute for advice on your family, assets and intentions.

Frequently asked questions

Related services

Speak with us.

Discuss an estate plan Enquiry form Call 134 134