A Will is a legal document that sets out your wishes for how your property, money, and possessions—known as your estate—should be distributed after your death. It allows you to choose who will receive your assets, who will manage your estate (your executor), and who will care for any minor children.
Having a valid and up-to-date Will ensures that your wishes are respected and helps reduce the burden on your loved ones during a difficult time. Without a Will, your estate may be distributed according to a legal formula that might not reflect your intentions.
Our firm can help you create a Will that is clear, legally binding, and tailored to your circumstances.
Who can make a Will?
In Victoria, anyone aged 18 or older who has testamentary capacity—that is, the mental ability to understand the nature of making a Will, their assets, and who may have a rightful claim to their estate—can make a legal Will.
What can you leave in a Will?
Your Will can cover a wide range of assets, including:
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Property you own at death (houses, cars)
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Cash, savings, and investments (e.g. bank accounts, shares)
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Rights and powers—such as appointing the trustee of a family trust
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Specific personal belongings like jewellery, books, photos—provided they’re clearly identified
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Non-asset matters like funeral wishes, organ donation, and guardianship preferences for children (though courts have final say)
What can’t you leave in a Will?
1. Jointly Owned Property
Assets held as joint tenants—such as bank accounts, real estate, or shares—automatically pass to the surviving co-owner through the legal mechanism known as right of survivorship and are not controlled by your Will.
2. Superannuation Benefits
Superannuation is held in trust and does not form part of your estate unless you have specifically nominated your executor (legal personal representative) as its beneficiary. Otherwise, it’s handled separately according to super fund rules.
3. Life Insurance Proceeds
These are also typically paid directly to the nominated beneficiary and do not pass through your Will—unless the estate is nominated as the beneficiary.
4. Assets Held in Trusts or Companies
Assets owned by trusts (e.g. family/discretionary trusts), unit trusts, or privately held companies are separate legal entities and not part of your estate, even if you control them. The Will can sometimes nominate who takes over roles (like trustee or appointor), but cannot transfer the actual assets.
5. Assets with Other Designations or Legal Arrangements
Items such as assets with binding beneficiary nominations, or those involved in contractual designations, cannot be overridden by your Will. Examples include particular super accounts, insurance contracts, or funds set under specific legal terms.
Individual Wills
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Initial consultation – to understand your personal situation, family structure, and estate planning needs.
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Preparation of a legally valid Will – setting out how your assets will be distributed after your death.
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Appointment of an executor – the person (or people) who will carry out your wishes.
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Nomination of beneficiaries – who will receive your estate and in what proportions.
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Specific gifts or legacies – allowing you to leave particular items, sums of money, or property to individuals or charities.
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Appointment of guardians (if applicable) – for minor children.
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Advice on structuring your Will – to ensure clarity and to minimise disputes.
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Drafting and finalising the document – including one round of revisions.
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Witnessing and execution – ensuring the Will is signed and witnessed in compliance with legal requirements.
*Does not include testamentary trusts
Couples Wills
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Two tailored Wills – ensuring each partner’s wishes are clearly set out
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Appointment of executors and guardians – to manage your estate and care for children if needed
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Nomination of beneficiaries and specific gifts – so your assets are distributed the way you intend
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Comprehensive advice – on structuring your estate plan to provide clarity and reduce the risk of disputes
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Finalisation & witnessing – to ensure your documents meet all legal requirements