Making a Will and appointing the right people to act for you if you lose capacity are the two most important steps anyone can take to protect their family. Yet a significant proportion of Australians have no Will, or one that is outdated, poorly drafted or likely to be challenged. Getting these documents right — and reviewing them when your circumstances change — gives you and your family genuine peace of mind.
A Will is a legal document that records your wishes for how your estate is to be distributed after your death. It appoints an executor — the person responsible for carrying out your wishes — and can include specific gifts, charitable bequests, directions about guardianship of minor children, and testamentary trusts for beneficiaries who are young, vulnerable or who you wish to protect from creditors.
Without a valid Will, you die intestate — your estate is distributed according to the intestacy rules under the Administration and Probate Act 1958 (Vic), which follow a fixed statutory formula. That formula may bear no resemblance to what you would actually have wanted. Blended families, de facto relationships and estranged relatives are particularly vulnerable to poor outcomes on intestacy.
An enduring power of attorney (EPOA) is a separate but equally critical document. It authorises a person you choose — your attorney — to make decisions on your behalf if you lose mental capacity. Victoria has two types: a financial EPOA (authorising decisions about property and finances) and a medical treatment decision maker appointment (authorising medical decisions). Unlike a general power of attorney, an enduring power continues — and only becomes relevant — if you lose capacity.
We take detailed instructions about your family, your assets, your wishes and any specific concerns — including blended family structures, business interests, or beneficiaries who need special protection.
We draft your Will (including any testamentary trusts) and enduring powers of attorney in technically correct, plain-English form. We flag any issues that could affect validity or lead to disputes.
Wills and EPOAs must be signed and witnessed in accordance with specific requirements under Victorian law. Errors in execution can invalidate a document. We supervise or guide the execution process.
We advise on safe storage of originals and recommend regular review — particularly after major life events (marriage, divorce, birth of children, death of a beneficiary, acquisition of significant assets).
General information only. This is not legal advice — your situation is unique. Contact us for advice specific to your circumstances.
Blended families require careful Will drafting to ensure that children from prior relationships are not inadvertently excluded, and that the estate reaches the intended beneficiaries.
For beneficiaries who are young, have disabilities, or where asset protection is a concern, we draft testamentary trusts within Wills to provide flexibility and protection.
We prepare financial and medical EPOAs that clearly define your attorney's powers — and any limits you wish to impose — so your wishes are followed if you cannot speak for yourself.
Marriage, divorce, de facto relationships, new children and significant asset changes all affect the validity or appropriateness of existing documents. We review and update them promptly.
Your estate is distributed according to the intestacy rules in the Administration and Probate Act 1958 (Vic). The rules follow a fixed hierarchy of family relationships and may not reflect your wishes — particularly if you have a de facto partner, step-children, or estranged family members. This is general information only.
In Victoria, marriage does not automatically revoke a Will (unlike some other jurisdictions), but divorce does revoke gifts to a former spouse and their appointment as executor. You should update your Will after any significant relationship change. This is general information only.
An enduring power of attorney authorises a person you choose to make decisions on your behalf if you lose mental capacity. In Victoria, financial and medical EPOAs are separate documents. Unlike a general power of attorney, they continue (or become effective) if you lose capacity. This is general information only.
Yes. Many people appoint the same trusted person — a spouse, adult child or close friend — in both roles. It is important to consider the suitability of each person for their specific role and to appoint alternates in case your first choice cannot act. This is general information only.
As a guide, review your Will after major life events: marriage, separation or divorce, birth of a child or grandchild, death of a beneficiary or executor, acquisition of significant assets, or a change in your relationship with a beneficiary. A regular review every 3–5 years is also sensible. This is general information only.
The information on this page is general information only and does not constitute legal advice. Your situation is unique — please contact us for advice specific to your circumstances.
No obligation · Confidential · Mon–Fri 9am–5pm AEST