Wills and Estate Planning Lawyers in Victoria
Planning for the future might feel like something you’ll get around to later. But without a clear, legally sound plan, it’s easy for things to become complicated – and for your loved ones to be left without guidance.
If you don’t have a will in Victoria, the law of intestacy decides what happens. And that can lead to delays, disputes, or decisions that don’t reflect your wishes.
At Phillips & Wilkins, we make wills and estate planning straightforward. Whether you’re thinking about who will inherit your home, who should look after your kids, or who can make decisions on your behalf, we’ll guide you through it all with clarity and care.
Making a will is just one part of the picture. An estate plan might also include powers of attorney, appointments of medical treatment decision makers, testamentary trusts, and superannuation arrangements to protect your assets.
Whatever your situation, we’ll make sure your wishes are documented and legally secure.
Why choose Phillips & Wilkins
Decades of experience helping local families
Friendly, practical guidance
Based in Thornbury and trusted by the community
Wills and Will Disputes
A carefully drafted will gives you peace of mind and helps your loved ones avoid confusion later.
Our wills and estate planning lawyers can help you:
- Decide how your assets should be divided
- Nominate a guardian for your children (if they’re under 18)
- Include gifts, donations or special instructions
- Set up safeguards using testamentary trusts
- Review and update your will as your circumstances change
Will disputes
If a dispute arises, whether about the validity of a will or whether someone was unfairly excluded, our litigation team can help. We regularly assist with probate and deceased estate matters in the Supreme and County Courts and aim to resolve issues efficiently and respectfully.
We can also assist with the succession of existing trusts, providing advice on intergenerational control and how assets in family (discretionary) trusts will be managed upon the death of a key trustee.
Powers of Attorney
Powers of attorney allow someone you trust to make decisions on your behalf if you cannot. Different ways to have a power of attorney include:
- Enduring Power of Attorney (Financial and Personal): Choosing who can manage your finances or make personal decisions on your behalf.
- Appointment of Medical Treatment Decision Maker: Nominating someone to make healthcare decisions for you if you cannot.
- General Power of Attorney: Often used for specific transactions, like selling a property while overseas.
These appointments carry real legal authority, so it’s important to understand what each one does and make sure they’re tailored to your needs.
Testamentary and Special Disability Trusts
In some situations, adding a trust to your estate plan provides extra protection or flexibility.
- Testamentary Trusts: These can provide asset protection, tax benefits and allow you to support someone while keeping control over how the money is used.
- Special Disability Trusts: Help provide for a loved one with a serious disability, while preserving their access to government benefits.
- Succession of Family Trusts: Ensure the right people take over decision-making for existing family trusts after your death.
If you’re not sure whether a trust is right for your circumstances, we’ll explain your options clearly.
Superannuation in Estate Planning
Sometimes, people don’t agree with what’s in a will or how the estate is being managed. Disputes like these can add stress, but there are ways to work through them.
Can a will be challenged?
Yes. Common reasons include concerns about whether the person had capacity when they signed it, or whether someone was unfairly left out.
What if executors don’t get along?
Your superannuation doesn’t automatically get covered in your will, so it’s important to plan for it separately.
We’ll help you:
- Understand how death benefit nominations work
- Choose between binding and non-binding nominations
- Align your superannuation with your overall estate plan
We can also advise on any life insurance or pensions linked to your super.
Costs and process
Everyone’s circumstances are different, so we tailor our advice to suit your needs. Whether you need a straightforward will or a more detailed plan, we’ll guide you through it all.
Here’s how it typically works:
- Initial consultation: We take the time to understand your circumstances, goals, and any specific concerns you may have, whether that’s about providing for your children, protecting assets in a blended family, or minimising the risk of future disputes. It’s also a chance to talk through any sensitive matters that might need extra care or planning.
- Identifying key documents: Based on what you’ve shared, we’ll recommend the right combination of legal documents. This might include a will, powers of attorney, appointment of medical treatment decision maker, testamentary trust or superannuation nominations. We’ll also cover any digital assets, like online accounts, stored photos or cryptocurrency, to make sure nothing is missed.
- Custom drafting: We prepare clear, legally sound documents that reflect your wishes and comply with all relevant legal requirements in Victoria.
- Review and revisions: You’ll have the opportunity to read through everything and ask questions. We’ll make any changes needed to ensure the documents say exactly what you want them to.
- Signing and witnessing: We arrange for your documents to be signed and properly witnessed, so they’re legally valid and enforceable.
- Document Storage: If you’d like, we can securely store your signed documents and provide certified copies to you or your nominated executors or attorneys.
- Ongoing support: Life changes, and your estate plan should, too. We’re always here if you need to review or update your documents in the future.
Costs
- Flat fee options for simple wills
- Tiered pricing for more complex planning
- Separate costs for additional services like powers of attorney or trusts
You’ll receive a clear cost estimate after we’ve discussed your needs. There’s no obligation to proceed until you’ve had time to review and accept it.
Meet your team
Grant Mackenzie
PARTNER
Will Elder
PARTNER
FAQs
Do I need a lawyer to make a will?
You can draft your own will, but even small mistakes or unclear wording can lead to disputes or delays. A lawyer ensures it’s legally valid and reflects your wishes.
When should I update my will?
Every few years, or after major changes like marriage, divorce, children, or buying property.
What happens if I die without a will in Victoria?
Your estate will be distributed according to intestacy laws, often starting with your spouse and children. This may not reflect your preferences.
Who should I choose as my executor?
Someone you trust to manage your affairs, including handling paperwork, paying debts, and distributing your assets. You can also appoint a professional.
Can I include superannuation in my will?
Usually, no, superannuation often goes directly to nominated beneficiaries. But with the right nomination forms and advice, you can align your super with your estate plan.
Speak to a wills and estate planning lawyer today
If you’re ready to find a will lawyer in Melbourne, put a plan in place or just want to understand your options, we’re here to help.
Get in touch with our team for supportive, straightforward legal guidance.