A Will allows a person to set out how they would like their estate to be managed when they die. If someone dies without a Will that person is then intestate. A court may then appoint someone (who you may not have chosen) to distribute your estate in proportions specified by the law, which are quite likely not to be the same as you would have intended. An improperly drafted or incorrectly executed Will may also mean that the Will is invalid, which then causes extra issues for the estate and may mean the person’s estate cannot be finalised in accordance with their wishes.

Having your Will professionally drafted by AB Morison Law can give you peace of mind, by ensuring your will is made properly according to Victorian law. We take the time to understand how you want to provide for the people and causes you care about and give you expert, clear advice about how you can best achieve this. A simple Will may be all you need, or your circumstances may be more complex and require Testamentary Trust Wills, Protective Trusts, or broader succession planning.

Your Will allows you to set out your wishes for your estate when you pass away. The Enduring Power of Attorney and Appointment of Medical Treatment Decision Maker allows you to appoint someone to manage your affairs while you are alive, but either don’t have capacity to make your decisions yourself (being non compos) or simply want someone to be legally authorised to assist you in this.

When you meet with our expert lawyers, we will explain what powers are allowed under each of these documents so you can feel empowered to make an informed decision that best suits your individual needs.

We will walk you through step-by-step how a Will works and how a person’s estate is finalised through the Probate Office of the Supreme Court. We will also explore some other documents that form part of planning your estate, such as an Enduring Power of Attorney (for financial and/or personal matters) and an Appointment

The original hard copies should be stored in a safe place where your executors/trustees can locate them. Otherwise, AB Morison Law can securely store documents on your behalf, to ensure these originals documents are safe, quickly accessible and accounted for.

• Testator/Testatrix: The person making the Will. They must be at least 18 years old and be of sound mind.
• Executor/Trustee: The person responsible for finalising the estate of the Testator/Testatrix. Their responsibilities include (but are not limited to) gathering and distributing the assets in accordance with the Will, notifying the beneficiaries of their entitlements (in Australia, there is no “reading of the Will”), preparing tax returns for the estate, ensuring all debts and expenses of the estate are paid on time and prior to distribution, and instructing the estate’s lawyers in defending any litigation against the state.
• Beneficiary: A person who will receive assets or gifts under the Will. To receive their entitlement under the Will, a beneficiary must be alive, and must usually survive the Will maker by 30 days. The beneficiary must reach the minimum age threshold set in the Will (this age for example can be 18, 21 or 25 years old). If a beneficiary is under this specified age, then the executor/trustee will typically hold onto the beneficiary’s assets on their behalf until they reach the minimum age.