Wills & Estates Lawyers in Melbourne, VIC

6 wills & estates lawyers with offices in Melbourne are listed below, including Aitken Partners Melbourne, Hicks Oakley Chessell Williams, Moores Legal Hawthorn and others. Listings are compiled from public information; practices marked Claimed have confirmed their details with us. Before engaging anyone, confirm their current practising status with the Victorian Legal Services Board and Commissioner.

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What a wills and estates lawyer in Melbourne can help with

Wills and estates lawyers prepare wills, enduring powers of attorney and guardianship documents, and act for executors and beneficiaries after a death: obtaining probate, administering the estate, and running or defending claims against it. Succession law is State-based, so the rules on who can contest a will, and the time limits for doing so, depend on where the deceased lived and held assets.

  • Wills, testamentary trusts and estate planning
  • Enduring powers of attorney and appointments of guardian or medical decision-maker
  • Probate and letters of administration
  • Estate administration and distribution
  • Family provision (contesting a will) claims
  • Disputes about validity, capacity or undue influence
  • Superannuation death benefit disputes

Wills & Estates in Victoria: what is different

Probate is granted by the Supreme Court of Victoria. A family provision claim under the Administration and Probate Act 1958 must generally be filed within 6 months of the grant.

Questions to ask before you instruct

  1. Do you charge a fixed fee for a will or for obtaining probate?
  2. How do you charge for estate administration: by time, or a percentage of the estate?
  3. Have you run family provision claims in the Supreme Court here?
  4. What should I bring to the first meeting?
  5. How do you deal with assets in other States or overseas?

Costs and funding

Simple wills and enduring documents are commonly fixed-fee. Probate and administration are usually charged by time, and in some States a court scale applies; ask how the fee relates to the size of the estate. Victoria Legal Aid does not generally fund estate disputes, but it and community legal centres do give advice on wills and powers of attorney. Lawyers must give you costs disclosure under the Legal Profession Uniform Law (Victoria) before or as soon as practicable after starting work.

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Wills & Estates Lawyers elsewhere in Victoria

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Frequently asked questions

Can a will be contested?

In Victoria an eligible person, typically a spouse, partner, child or certain dependants, can apply to the Supreme Court for further provision from the estate if they were left without adequate provision. Strict time limits apply.

Do I need probate?

Usually when the deceased owned real estate alone or held significant assets in their sole name. Banks and share registries set their own thresholds below which they release funds without a grant.

What if there is no will?

The estate passes under the intestacy rules in Victoria legislation, generally to the spouse or partner and children in set shares, and an administrator is appointed by the Supreme Court.

This page is general information, not legal advice, and inclusion in the directory is not a recommendation. See our disclaimer and how listings are compiled.

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