Wills and Estates Lawyer in Melbourne
Having a will in place will support in ensuring that your family and loved ones are provided for after your passing and that your assets are distributed according to your wishes. Many assets hold both sentimental and financial value, and you may wish for specific items to be bequeathed to particular individuals within your family or circle of friends, recognising the emotional or monetary significance they carry. By preparing a will, you can ensure that all your loved ones are nominated as beneficiaries and that you direct your estate to whomever you choose, including charities, children, or other individuals or entities.
In the absence of a valid will, your estate will be distributed according to the rules of intestacy under Victorian law, which may not align with your intentions and could lead to unintended outcomes for those you care about. At Hiways Lawyers, we emphasise the critical role of a properly drafted will in safeguarding your legacy and minimising potential disputes among heirs.
Why Choose Hiways Lawyers for Your Wills and Estates Needs?
Established in 2018, Hiways Lawyers is a respected Melbourne-based firm offering expert legal services across a broad spectrum, including commercial litigation, family law, migration law, employment law, and conveyancing. Our strong connections within the Chinese-Australian community enable us to deliver culturally sensitive advice in English and Chinese, making us particularly well-suited to serve a diverse range of client requirements.
We pride ourselves on a client-centred approach, combining technical proficiency with empathy to demystify wills and estates law. Our team is committed to delivering outcomes that protect your legacy and provide peace of mind.
Frequently Asked Questions
What are the requirements for a valid will in Victoria?
A will must be in writing, signed by the testator (the person making the will) at the foot of the document, and witnessed by at least two adults who are not beneficiaries. The testator must be over 18 and have testamentary capacity, meaning they understand the nature and effect of the will.
What happens if I die without a will?
Your estate will be distributed according to the intestacy rules in Part I, Division 6 of the Administration and Probate Act 1958 (Vic). This typically prioritises a spouse or domestic partner, children, and other relatives, but may exclude stepchildren, friends, or charities you intended to benefit.
How often should I review my will?
You should review your will every three to five years or following significant life events, such as marriage, divorce, the birth of children or grandchildren, or changes in your financial situation.
What is probate, and when is it required?
Probate is a Supreme Court grant confirming the validity of a will and authorising the executor to administer the estate. It is often needed to deal with assets like real estate, bank accounts, or shares held solely in the deceased’s name.
What is an Enduring Power of Attorney?
It is a legal document appointing someone to make financial, personal, or medical decisions on your behalf if you lose capacity. It remains effective even after incapacity, unlike a general power of attorney.
Can a will be contested in Victoria?
Yes, eligible persons (such as spouses, children, or dependants) can make a family provision claim if they believe inadequate provision was made for their proper maintenance and support. Strict time limits apply, usually six months from the date of probate.
What is the role of an executor?
The executor is responsible for locating the will, applying for probate if needed, paying debts and taxes, and distributing assets to beneficiaries in accordance with the will.
How can I include superannuation in my estate planning?
Superannuation is generally not automatically part of your estate. You can make a binding death benefit nomination to direct it to your dependants or estate, ensuring it aligns with your overall plan.
Frequently Asked Questions
What are the requirements for a valid will in Victoria?
A will must be in writing, signed by the testator (the person making the will) at the foot of the document, and witnessed by at least two adults who are not beneficiaries. The testator must be over 18 and have testamentary capacity, meaning they understand the nature and effect of the will.
What happens if I die without a will?
Your estate will be distributed according to the intestacy rules in Part I, Division 6 of the Administration and Probate Act 1958 (Vic). This typically prioritises a spouse or domestic partner, children, and other relatives, but may exclude stepchildren, friends, or charities you intended to benefit.
How often should I review my will?
You should review your will every three to five years or following significant life events, such as marriage, divorce, the birth of children or grandchildren, or changes in your financial situation.
What is probate, and when is it required?
Probate is a Supreme Court grant confirming the validity of a will and authorising the executor to administer the estate. It is often needed to deal with assets like real estate, bank accounts, or shares held solely in the deceased’s name.
What is an Enduring Power of Attorney?
It is a legal document appointing someone to make financial, personal, or medical decisions on your behalf if you lose capacity. It remains effective even after incapacity, unlike a general power of attorney.
Can a will be contested in Victoria?
Yes, eligible persons (such as spouses, children, or dependants) can make a family provision claim if they believe inadequate provision was made for their proper maintenance and support. Strict time limits apply, usually six months from the date of probate.
What is the role of an executor?
The executor is responsible for locating the will, applying for probate if needed, paying debts and taxes, and distributing assets to beneficiaries in accordance with the will.
How can I include superannuation in my estate planning?
Superannuation is generally not automatically part of your estate. You can make a binding death benefit nomination to direct it to your dependants or estate, ensuring it aligns with your overall plan.
Contact Us
For personalised advice on wills, estates, or succession planning, contact Hiways Lawyers today. Our Melbourne office is conveniently located to serve clients throughout Victoria and beyond.
Let Hiways Lawyers be your trusted partner in securing your family’s future. Schedule a confidential consultation now to discuss how we can assist with your estate planning needs.