Question 1

Why do I need a will in Victoria?

Accepted Answer

Without a valid will, your estate is distributed under intestacy rules - which may not reflect your wishes. A will lets you choose your beneficiaries, appoint a trusted executor, nominate guardians for minor children, and establish testamentary trusts for vulnerable beneficiaries. Everyone over 18 should have one.

Question 2

What is probate and when is it required?

Accepted Answer

Probate is a court order confirming a will's validity and authorising the executor to administer the estate. In Victoria it is generally required where the estate includes real property or where financial institutions require it before releasing funds. Our Richmond team manages the application from start to finish.

Question 3

What is an enduring power of attorney?

Accepted Answer

An enduring power of attorney (EPOA) authorises a trusted person to make financial and legal decisions on your behalf if you lose capacity. Unlike a general POA, it continues to operate after capacity is lost - making it an essential part of any estate plan. In Victoria, EPOAs are governed by the Powers of Attorney Act 2014.

Question 4

What is a testamentary trust and do I need one?

Accepted Answer

A testamentary trust is created under your will and activates on your death. It offers significant tax advantages for beneficiaries, asset protection from creditors and relationship breakdown, and is particularly valuable where beneficiaries are minors, have disabilities, or where the estate is substantial.

Question 5

Can a will be challenged in Victoria?

Accepted Answer

Yes. Eligible persons - including spouses, children, and some dependants - can make a family provision claim if they believe they were inadequately provided for. Claims must generally be brought within 6 months of probate being granted. We advise both claimants and executors defending claims.

Question 6

How often should I update my will?

Accepted Answer

Review your will after any major life event - marriage, divorce, a new child, significant asset changes, or the death of a beneficiary or executor. Note that marriage automatically revokes a will in Victoria unless made in contemplation of that marriage. We recommend reviewing every 3–5 years as a minimum.

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