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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 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.
What is estate planning and when should I do it?
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.
What happens when someone passes away and leaves an estate?
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
Can a will or estate be disputed?
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
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 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.
Do I need to update my will?
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.
Who can help me with wills, probate and estate planning?
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.
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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