Estate Planning Lawyers in VictoriaOne Call Away
Need an estate planning or probate lawyer in Victoria? LawyerLink connects you with a verified Victorian partner firm. Our AI intake handles urgent matters 24/7. Coverage includes wills, testamentary trusts, enduring powers of attorney and supportive attorneys, advance care directives, probate, letters of administration, contested wills, and Part IV claims under the Administration and Probate Act 1958 (Vic).
Estate Planning in Victoria
Estate planning in Victoria operates under the Wills Act 1997 (Vic) for wills, the Administration and Probate Act 1958 (Vic) for intestacy and probate, the Powers of Attorney Act 2014 (Vic) for financial and personal powers of attorney, and the Medical Treatment Planning and Decisions Act 2016 (Vic) for advance care directives. Together these set the framework for almost every Victorian estate-planning engagement.
A valid Victorian will requires the testator to be over 18, of sound mind, and to sign in the presence of two witnesses who also sign. DIY will kits are technically valid if executed correctly, but the rate of partial invalidity and disputed construction is materially higher than with professionally drawn wills. A simple Victorian will is typically $400-$900; a will with testamentary trust provisions $1,500-$4,000. Court-of-construction applications under section 31 of the Wills Act 1997 are not unusual where DIY wills go wrong.
Testamentary trusts — discretionary trusts created by a will and operating after death — are widely used in Victoria for asset protection (against creditors and family-law claims), tax flexibility (income-splitting via trust distributions), and provision for vulnerable beneficiaries. They add complexity at the drafting stage but can save substantial tax across the trust's lifetime.
The Powers of Attorney Act 2014 (Vic) introduced a single combined enduring power of attorney covering both financial and personal (lifestyle/medical) matters, replacing the previous two separate instruments. The Act also introduced 'supportive attorneys' (a less invasive option for people who can still make decisions with help) and stricter witnessing requirements. An enduring power of attorney executed under the 2014 Act remains effective even if the principal loses capacity; without one, an application to VCAT for a financial or personal guardianship order is the only remaining pathway.
Probate in Victoria is granted by the Supreme Court of Victoria Probate Registry. For estates with a clear will and straightforward asset base, probate is obtained in 6-12 weeks. Letters of administration apply where there is no will or the named executor cannot act. Part IV family-provision claims under sections 90-99 of the Administration and Probate Act 1958 must be filed within 6 months of probate (with limited extensions) and allow eligible persons (spouses, domestic partners, children, dependants) to seek a greater share than the will provided.
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Estate Planning in Victoria — FAQs
- How much does a will cost in Victoria?
- These are general ranges. Your actual fee depends on the firm and your specific matter. A simple Victorian will typically costs $400-$900. A will with testamentary trust provisions ranges from $1,500-$4,000. More complex estate planning (blended-family arrangements, mutual wills, business succession) can be higher.
- What happens if I die without a will in Victoria?
- Your estate is distributed under the intestacy rules in Part IA of the Administration and Probate Act 1958 (Vic). The order of entitlement runs spouse/domestic partner first (with specific provision where the deceased had children from another relationship), then children, parents, siblings, and more remote relatives. Intestacy is more expensive to administer and often distributes contrary to the deceased's wishes.
- Why do I need an enduring power of attorney in Victoria?
- Without one, if you lose capacity (through dementia, accident, or illness), no one can manage your financial affairs unless a VCAT financial-administration order is made — a slower, more expensive, more intrusive process. An enduring power of attorney executed under the Powers of Attorney Act 2014 (Vic) gives someone you trust the authority in advance and covers both financial and personal matters.
- How long do I have to challenge a Victorian will?
- Part IV family-provision claims under the Administration and Probate Act 1958 (Vic) must be filed within 6 months of probate (with limited extensions). The Court has limited discretion to extend. Other will challenges (validity grounds — lack of capacity, undue influence, fraud) generally proceed in the Probate jurisdiction.
- Who can make a Part IV claim in Victoria?
- Section 90 of the Administration and Probate Act 1958 (Vic) lists eligible persons: spouses, domestic partners, children, former spouses in some circumstances, registered carers, and certain dependants. The question is whether adequate provision was made for the proper maintenance and support of the eligible person. Victoria's family-provision regime is narrower than NSW's but still well-used.