Wills
Protect your assets and ensure your wishes are honoured with the help of experienced wills and inheritance lawyers. We provide clear guidance on estate planning, will preparation, and powers of attorney so your loved ones are protected in the future.
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Protect Your Future with a Complete Estate Plan
Wills and Enduring Power of Attorney have different purposes, but when used together, they can help cover major decisions you have to make. They can help provide clear guidance on how to manage your affairs during your lifetime and inheritance.
Because these documents work side by side, it makes sense to make sure they do not conflict. If you have included particular wishes about financial decisions or personal matters in your Enduring Power of Attorney, those should sit consistently with what you have set out in your Will.
It is also worth reviewing both documents on a timely basis. Changes in your life, such as marriage, separation, children, or a change in finances should be taken into consideration.
Getting legal advice can help you prepare both documents properly and make sure they work the way you intended.
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Wills
A Will sets out what you want to happen to your assets after you pass away. It can name who should receive your property, money, and personal belongings, and it can also appoint a guardian for your children if they are still under 18.
Having a valid Will gives you certainty. It lets you decide who benefits from your estate, helps you leave clear instructions about debts, and gives you a way to record any personal wishes you want carried out. Just as importantly, it can make things much easier for your loved ones during an already difficult time.
If you do not have a Will, your estate is usually distributed under intestacy laws. That means the law decides who receives your assets, not you. The process can take longer, become more complicated, and sometimes lead to results you would not have chosen yourself.
For example, your estate may go to relatives you were not close to, instead of close friends or charities you wanted to support. It can also increase the chance of disagreements within the family.
Our Will Writing Services
At Dandenong Family Lawyers, we assist you in crafting a Will that’s clear, legally robust, and tailored to your specific situation. Estate planning is a deeply personal undertaking, and your Will should mirror that individuality. By establishing the correct document, you gain greater peace of mind and simplify matters for your loved ones.
Dandenong Family Law Services
Dandenong Family Lawyers offer help with various family law and estate planning issues, covering a wide scope of needs.
Will-writing
We create documents that reflect your unique circumstances. We don't use boilerplate language. Regardless of the complexity of your affairs, our goal is to ensure your will accurately conveys your intentions.
Experienced Legal Team
Our team has experience in family law and estate planning, which means you receive practical advice based on your needs. We take care to make sure your documents are prepared properly and in line with current legal requirements.
Tailored approach
Every family is unique, and we recognise that. That's why we invest the time to grasp your specific desires, your family's circumstances, and any financial considerations that might impact your Will. Planning must be tailored to the individual. While some clients only need a straightforward Will, others will need more complex structures.
You may want to appoint an executor, leave specific gifts, provide for children, or consider trusts as part of your planning. We can help you put those details in place properly.
Dandenong Family Lawyers are here to help you take practical steps to protect your future and make sure your intentions are respected. We also provide support with Wills and Enduring Powers of Attorney, so your planning is streamlined and works as it should.
Enduring Power of Attorney
An Enduring Power of Attorney lets you appoint someone you trust to make personal decisions, financial decisions, or both, if you lose decision-making capacity in the future. It is a practical way to plan ahead, because the authority continues even if you are no longer able to make those decisions yourself.
Putting an EPA in place can give you more certainty about who will step in and how your affairs will be managed if something unexpected happens. In Victoria, a document needs to be correctly signed and witnessed. However, registration is not the norm unless it is an Enduring Power of Attorney (EPA). EPAs must be registered with the Office of the Public Advocate. Registration ensures transparency and safeguards against abuse of power.
Role of Enduring Power of Attorney
An Enduring Power of Attorney lets you appoint someone you trust to make financial decisions, personal decisions, or both, if you lose decision-making capacity in the future. In Victoria, that person is your attorney. It does not automatically give them power to make medical treatment decisions, because those are dealt with separately.
Your lawyer’s actions are limited to the authority you grant them, and they must adhere to the directives specified in the document. To establish an Enduring Power of Attorney in Victoria, you need to be at least 18 years old and mentally competent at the time of signing. We’re here to walk you through the process and ensure the document is correctly prepared.
Note: Details regarding healthcare decisions were changed, based on the content from this page:
https://www.publicadvocate.vic.gov.au/medical-treatment/patient-consent/medical-treatment-planning-and-decisions-act-2016
How to Appoint a Power of Attorney
- Setting up a Power of Attorney requires a few key actions.
- Selecting a Suitable Attorney: First, you must select someone you can rely on to act on your behalf if you're unable to make decisions. This individual should be willing to take on the responsibility, grasp the implications of the role, and always act in your best interests.
- Discussion and Expectations: Prior to signing anything, a frank conversation with the prospective appointee is essential. This discussion should cover the decisions they'll be expected to make, the extent of their authority, and any specific limitations or instructions you wish to impose.
- Drafting the Legal Document: Dandenong Family Lawyers can assist you in crafting a legal document that precisely delineates the powers you wish to bestow. This document should be customised to your specific situation, ensuring it accurately captures your intentions.
How We Can Assist You With an Enduring Power of Attorney
At Dandenong Family Lawyers, we can help you prepare an Enduring Power of Attorney that reflects your wishes and is properly set up under Victorian law. We take the time to understand who you want to appoint, what powers you want to give them, and whether any conditions or limits should be included. In Victoria, an EPA is an important planning document, and it must be signed and witnessed correctly to be valid.
We can draft the document for you, explain your options clearly, and help make sure everything is completed properly. If issues come up later about how the document operates, we can also provide advice and support. With the right guidance, you can put a clear plan in place and feel more confident that your affairs will be handled the way you intend
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Frequently Asked Questions
What is a Will, and why do you need one?
A will is essentially your final word on who gets what after you’re gone. It’s also where you can appoint someone to handle your affairs, and specify your preferences regarding your children and even your funeral. Putting a will in place gives you greater control over the distribution of your assets and can significantly ease the burden on your loved ones.
What happens if you die without a Will?
If you pass away without a valid Will, the law steps in and decides who gets your assets based on intestacy laws. That does not always line up with what you would have wanted, and it can also mean more paperwork and delay for your family while someone applies to deal with the estate.
Can you write your own Will?
You can, but it is easy to get the formalities wrong. A Will still has to meet legal requirements around writing, signing, and witnessing, and if those things are not done properly, it can cause problems later.
How often should you update your Will?
You do not need to rewrite your Will every year, but it is worth looking at again when life changes. Marriage, separation, divorce, having children, or a big change in assets are all good reasons to review it and make sure it still says what you want it to say.
What is an Enduring Power of Attorney?
An Enduring Power of Attorney lets you appoint someone you trust to make financial decisions, personal decisions, or both, if you lose capacity later on. In Victoria, it does not automatically cover medical treatment decisions, because those are dealt with through a separate appointment.
Can you revoke or change your Will?
Yes, as long as you still have legal capacity. You can change a Will by making a codicil, but in many cases the cleaner option is simply to make a new Will that replaces the old one.
Who should you appoint as your executor?
Your executor is the person who handles your estate after you die. That can include collecting assets, paying debts, applying for probate where needed, and making sure your estate is distributed properly. It is usually best to choose someone reliable, organised, and comfortable dealing with paperwork and deadlines.
If you are not quite sure where to start, getting legal advice can make the whole process feel more manageable. It also helps you make sure your documents are prepared properly and still reflect what you want.
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