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Wills, Estates and Succession Planning
Careful estate planning helps ensure your wishes are carried out and reduces stress for family and loved ones.
We assist with wills, powers of attorney and broader succession planning so your assets are protected and distributed in a tax‑effective, practical way.
Wills and powers of attorney
A well‑prepared will sets out who will administer your estate and how your assets will be divided. We draft and update wills ranging from simple arrangements through to complex family and business structures. We also prepare enduring powers of attorney and appointment of medical treatment decision‑makers so trusted people can act for you if you become unable to manage your own affairs.
Estate administration and probate
In some cases, clients appoint us or another professional as executor or administrator to ensure their estate is managed impartially and efficiently. Administering a deceased estate can be complex and time‑consuming for executors and families. We guide executors through obtaining a grant of probate or letters of administration, calling in and distributing assets, dealing with superannuation and life insurance, and resolving any issues that arise. Our role is to make the process as straightforward and efficient as possible while complying with all legal requirements.
When disputes arise about a will, estate or trust, we advise executors, beneficiaries and family members on their rights and options.
Succession planning for families and businesses
Succession planning looks beyond your will to consider family dynamics, business interests, trusts and superannuation. We work with you and your other advisers to structure your affairs so that control and assets pass in a way that aligns with your wishes and minimises disputes. This may include reviewing company and trust structures, shareholder or unitholder arrangements and binding death benefit nominations.
We also advise on VCAT administration and guardianship, elder law issues and decisions about long‑term care and living arrangements.
Why clients choose HOCW
Clients value our clear explanations, responsive service and practical approach during what is often an emotional time. The testimonials below reflect the trust families place in our team for both estate planning and estate administration, and the long‑term relationships we build across generations.
FAQs: Common questions about Wills, deceased estates, VCAT Guardianship and Administration orders, and elder law issues (including financial abuse and decision-making capacity) are answered below.
Frequently Asked Questions About Wills, Estates, VCAT Administration and Elder Law
Why do I need a will?
A properly drafted will sets out how your assets are to be distributed when you die, helping to reduce stress and uncertainty for your family. Without a valid will, the law decides how your estate is distributed, which may not align with your wishes or intentions.
Can I write my own will?
To be legally valid, a will must satisfy strict formal requirements. Although you can prepare your own will, homemade or DIY wills often create problems if they are unclear, incomplete or do not properly deal with all of your assets. Obtaining legal advice from an experienced wills and estates lawyer and having a properly drafted will helps ensure the terms of your will are clear, unambiguous and legally effective. This reduces the risk of estate disputes or unintended consequences for your family later on.
How much does it cost to prepare a will or estate plan?
The cost of preparing a will or estate plan depends on your circumstances and the complexity of your estate. Simple wills are usually straightforward, while more detailed estate planning may involve additional documents such as powers of attorney, superannuation nominations or trust structures. We provide clear information about fees before any work begins so you understand your options.
What is estate planning and when should I do it?
Estate planning involves putting legal arrangements in place to protect your assets and provide clear instructions for how they are to be managed and distributed in the future. It is helpful at any stage of life, especially after major life events such as marriage, separation or divorce, the birth of children or grandchildren, the death of a family member, starting or selling a business, or planning for retirement.
Do I need to update my will?
You should review and update your will whenever your personal or financial circumstances change, such as marriage, separation or divorce, having children, entering a new relationship or acquiring significant assets. Regular reviews help ensure your will continues to reflect your current wishes and estate planning goals.
What happens when someone passes away and leaves an estate?
When someone passes away, their deceased estate must be administered by an executor or, if there is no will, an administrator. This process can involve applying for a Grant of Representation, identifying and collecting estate assets, paying debts and final expenses, and distributing the estate to beneficiaries in accordance with the will or, if there is no valid will, the laws of intestacy.
Learn more about probate and estate administration
What is probate and when is it required?
Probate is a court process that confirms a will is valid and gives the executor legal authority to manage and distribute the estate. Probate is often required where the estate includes real property, significant investments or bank accounts held solely in the deceased’s name. If a person dies without a will, an eligible person can apply for letters of administration to deal with the estate.
Can a will or estate be disputed?
Yes. A will or estate can be challenged in various circumstances, for example where the will is invalid, where a person eligible to make a family provision claim has not been adequately provided for, or where there are concerns about how the estate is being managed by the executor or administrator. Obtaining early legal advice can help resolve estate disputes efficiently and protect your interests.
Read more about estate and trust disputes
What is a professional administrator or trustee, and when is one needed?
A professional administrator or trustee may be appointed in various circumstances, for example where an estate or trust is complex, where the executor or trustee is unable, unwilling or unsuitable to act, or where disputes involving the estate or trust make independent administration appropriate. Appointing a professional administrator or trustee allows the estate or trust to be administered with due care and skill by an independent wills and estates specialist.
Find out how we act as professional executors and administrators
What is VCAT administration and guardianship, and when does it apply?
VCAT administration and guardianship orders may be needed when a person can no longer make their own financial or personal decisions and either does not have valid powers of attorney in place, or there is a dispute about those appointments. These orders help protect vulnerable individuals and ensure their financial, legal and personal affairs are managed appropriately.
For help with VCAT administration, guardianship and elder law, visit our dedicated page
How does succession and retirement planning work?
Succession planning helps you transfer assets, businesses and responsibilities to the next generation in an orderly way, often as part of broader retirement planning. Early succession and retirement planning can help avoid disputes, support financial security for you and your family, and provide a smoother transition out of a business or into retirement.
If you need advice about making a will, estate planning, probate, VCAT administration or guardianship orders, contact our Wills & Estates team for clear, practical guidance on your next steps.
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