Estate Planning Lawyers inTarneit, Victoria

Wills in Victoria are governed by the Wills Act 1997 (Vic). A valid will must be in writing, signed by the testator (or by another person at the testator's direction and in their presence), and witnessed by two persons present at the same time who then sign in the testator's presence. The Supreme Court of Victoria has a dispensing power under s 9 of the Act to admit an informal document as a will if it represents the testator's intention — used for handwritten notes, voicemails, and unfinished drafts in appropriate cases. Whether to layer a testamentary trust over the will typically turns on protection of beneficiaries vulnerable to creditors or relationship breakdown, asset protection, tax planning around minor or income-tested beneficiaries, and blended-family arrangements.

Enduring Powers of Attorney under the Powers of Attorney Act 2014 (Vic) allow you to appoint a person to make financial and personal decisions on your behalf if you lose decision-making capacity. The financial power can take effect immediately, on a date specified, or on the donor losing capacity; the personal power takes effect only on loss of capacity. The Act also creates a "supportive attorney" appointment — a less intensive arrangement where the supporter helps the principal communicate decisions but does not make them. The form is prescribed under the Act and must be witnessed correctly to be valid; defective EPOA forms are a common reason matters end up in VCAT's Guardianship List under the Guardianship and Administration Act 2019 (Vic).

Advance Care Directives under the Medical Treatment Planning and Decisions Act 2016 (Vic) allow you to record health-care decisions in advance through an Instructional Directive (binding refusals or consents to specified treatments) and a Values Directive (statement of values that guides decisions when you cannot decide for yourself). The Act also provides for the appointment of a Medical Treatment Decision Maker who steps in if you lose capacity and have not made a directive that covers the situation. The Act sits alongside the older Medical Treatment Act 1988 (Vic) instruments still in force for directives made before 12 March 2018.

Probate in Victoria is granted by the Supreme Court of Victoria — the Melbourne Probate Office handles all Victorian estates with no regional probate registries. A grant of probate authorises the executor to deal with the estate's assets. Letters of Administration are granted where there is no will (intestacy) or no surviving executor; the intestacy rules under Part IA of the Administration and Probate Act 1958 (Vic) allocate the estate by reference to the deceased's relatives in a statutory order.

Family-provision claims in Victoria proceed under Part IV of the Administration and Probate Act 1958 (Vic). An eligible person (spouse, domestic partner, child, stepchild, dependant, former spouse in defined circumstances, registered caring partner) who has not been adequately provided for under the will (or on intestacy) can apply to the Supreme Court for further provision. The time limit is 6 months from the date of the grant of representation (not the date of death) — late applications can sometimes be brought with leave but the test is demanding. The Court considers the relationship, financial need, the size of the estate, contributions, and competing claims. Many Part IV matters resolve through mediation before contested hearing. Estate-planning packages (a will, EPOA, and ACD) are commonly in the $400-$1,500 range; more complex arrangements involving testamentary trusts or business-succession plans run higher.