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Wills, Estates and Succession Planning

Common Reasons to Seek Wills, Estates & Succession Advice

Clients typically seek our advice when planning for the future, supporting family members or dealing with a deceased estate. We assist individuals, families, executors and business owners across a broad range of estate planning and estate administration matters.

We commonly assist where:

  • A will needs to be prepared or updated

  • Powers of attorney or medical decision making appointments need to be put in place

  • There are complex family, business or trust structures to consider in an estate plan

  • An executor needs guidance on administering an estate

  • Probate or letters of administration are required

  • Assistance is needed with collecting, managing or distributing estate assets

  • Superannuation or life insurance forms part of the estate

  • A dispute has arisen in relation to a will, estate or trust

  • Succession planning is required for family wealth or a business

  • Advice is needed on incapacity, elder law issues or long term care arrangements

Planning for the Future

Planning ahead helps ensure your wishes are followed and reduces stress for your family. We assist with wills, powers of attorney and broader succession planning so your assets are protected and passed on in a practical and tax aware way.

Wills & Powers of Attorney

A well prepared will sets out who will manage your estate and how your assets will be distributed. We draft and update wills ranging from simple arrangements to more complex family and business structures.

We also prepare enduring powers of attorney and appointments of medical treatment decision makers, so trusted people can step in if you are unable to manage your own affairs.

Estate Administration & Probate

Some clients choose to appoint us or another professional as executor or administrator to ensure their estate is managed independently and efficiently.

Administering an estate can be complex and time consuming for executors and families. We guide you through each step, including obtaining probate or letters of administration, identifying and dealing with assets, managing superannuation and life insurance, and resolving any issues that arise.

Our aim is to make the process as straightforward and efficient as possible while ensuring all legal requirements are met.

If disputes arise in relation to a will, estate or trust, we advise executors, beneficiaries and family members on their rights and options.

Succession Planning for Families & Businesses

Succession planning looks beyond your will and considers family circumstances, business interests, trusts and superannuation.

We work with you and your advisers to structure your affairs so that control and assets pass in line with your wishes and with a reduced risk of 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.

A Practical & Supportive Approach

Clients value our clear communication, responsiveness and practical approach during what is often an emotional time.

The testimonials below reflect the trust families place in our team and the long term relationships we build across generations.

Frequently Asked Questions About Estate Planning & Administration

A will sets out what happens to your assets when you die and helps reduce stress, cost and uncertainty for your family. In Victoria, having a valid will makes it easier for your executor to manage your estate and follow your wishes.

Estate planning is the process of putting legal arrangements in place to protect your assets and provide clear instructions for how they are managed and distributed in the future. It is especially important after major life events such as marriage, separation, the birth of children or grandchildren, buying or selling a home, starting a business or planning for retirement.

When someone dies, their estate is usually managed by an executor named in their will or, if there is no will, by an administrator appointed by the court. The process can include applying for a Grant of Representation, collecting assets, paying debts and distributing what remains to beneficiaries.

Learn more about probate and estate administration

Yes. A will or estate may be disputed if there are concerns about the will’s validity, if an eligible person has not been adequately provided for, or if there are issues with how the executor or administrator is managing the estate. Getting early legal advice can help resolve disputes more efficiently.

Read more about estate and trust disputes

Probate is a court process that confirms a will is valid and gives the executor legal authority to deal with the estate. In Victoria, probate is often required where the deceased owned real property or significant assets in their sole name, but the exact requirements vary depending on the assets involved.

You should consider reviewing your will whenever your personal or financial circumstances change, for example after marriage, separation or divorce, entering a new relationship, having children or grandchildren, or acquiring significant assets. Regular reviews help ensure your will still reflects your current wishes and estate planning goals.

Our Wills & Estates lawyers advise clients across Melbourne and Mount Waverley on wills, estate planning, probate, estate administration and estate disputes. We can help you prepare or update your will, navigate the probate process and resolve concerns about how an estate is being managed.

Discuss your wills or estate matter

Clear, compassionate advice on estate planning and administration.

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Testimonials

Thank you very much for the very efficient, timely and friendly way you dealt with my recent legal matter. I tried to leave a complimentary review on your web site but my limited technical experience with reviews meant that I was unable to do so. But a very big thank you anyway.

B.C - Wills & Estate Client

My wife and I approached Hicks Oakley Chessell Williams Lawyers to review our present wills, also to update our Powers of Attorneys, from the moment we walked in the door we were approached with total professionalism and understanding, they listened to our wishes and advised us as to the best course of action. We were completely happy with all aspects of our dealings and very impressed with the manner that we were treated, we would totally recommend this firm to anyone.

L.M - Wills & Estate Client

We just wanted to pass on our sincere thanks to you and all your colleagues for making the process of administering our brother's estate as straight forward as it has been.

A S & D S - Wills & Estate Client

Lachlan Vallance and Andrea Bolitho assisted me with a deceased estate case that originally did not belong to your firm, but rather to Weston Gambetta, which is now closed due to Clive Weston retiring. However they were more than happy to assist me in the matter and my brother and I are so thankful for their willingness to help us out. Fabulous service. It looks like we have now found our new family solicitors. Thank you so much.

N V - Wills & Estate Client

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