Wills and estate lawyers Melbourne
Get expert advice and guidance from our experienced estate lawyers when preparing your will and estate plan.
Specialist family law firm
We have 40+ years of experience dealing with family law matters.
Client focused
Get the help, guidance, and legal support you need to move forward.
Commendable service
We’re ranked in the top five family law firms in Melbourne.
Open and upfront
We will clearly outline expectations and a quote for legal fees following your initial consultation.
Speak to our estate litigation specialists
Whether you need help with estate administration for a deceased family member or would like to discuss your own will, you’ve come to the right place. Our wills and estate team offer a number of legal services and can handle everything from deceased estates and succession planning to complex wills and disputes.
Whatever your circumstances, we’ll help you move forward, making sure to protect you and your family's best interests.
Our awards and memberships
Our wills and estates services
How the right lawyer can help
Meeting with experienced estate lawyers is crucial to ensuring you receive the best advice for your specific matter. At Carew Counsel, we offer the following legal services:
Wills
A will is a legal document that allows you to distribute your estate according to your wishes. It can include information on assets, guardians for minors, gifts, and charitable bequests.
Testamentary trust wills
A testamentary trust will establishes a trust to manage and distribute assets after your death. It can provide your beneficiaries with considerable asset protection and tax effectiveness.
Powers of attorney
A power of attorney is a legally valid document that lets you appoint someone you trust to manage your affairs, make decisions, and act in your best interests if you are unable to do so.
Medical treatment decision maker appointments
This legal designation allows you to appoint someone to make medical decisions on your behalf, in the event that you do not have the capacity to make the decision yourself.
Memorandums of wishes
A memorandum of wishes serves as a written expression of your desires or guidance regarding certain matters and is considered by the executor when carrying out their duties.
Statements of intention
A statement of intention is a section in a valid will where you express your wishes, preferences, or intentions regarding the distribution of assets, care of dependents, or other matters.
Binding death benefit nominations
This legally binding document allows you to specify the beneficiary or beneficiaries who should receive your superannuation benefits in the event of your death.
Codicils
A codicil serves as an amendment or supplement to an existing will. Instead of rewriting the entire will, you can use codicils to make specific changes, additions, or revocations.
Resolving your wills and estates matter
Our team is here to make the wills, probate, and estates process as seamless as possible, so you can reach your desired outcome.
Discuss your case with a wills and estate expert
During your first meeting, your estate lawyer will discuss your circumstances and identify any legal complexities before planning the best path forward.
We’ll gather the necessary information
Our specialist estates team will prepare and assess the information, communicating with you at every stage of the process.
If needed, we can enter into negotiations on your behalf
For matters like probate and estate administration, there may be disputes between parties that we can attempt to resolve informally.
We’ll support you through the court hearing if this is required
If a decision cannot be reached in mediation, we can support you through the court process, though it is rare for matters to reach this stage.
We’ll do everything we can to resolve your case as efficiently
We’re committed to helping our clients reach timely resolutions and we aim to do this as efficiently and sensitively as possible.
Book a free 15 minute callback
Get started by discussing your situation with a family law expert.
Why choose Carew Counsel
Succession law specialists
We’ve helped thousands of clients with their wills, estates, and probate matters.
Family-operated firm
We’re not just lawyers; we’re also a family who care about helping others through difficult times.
Custom strategies
We tailor our roadmaps to your needs so we can present you with the best path forward.
Open communication
We’ll keep you informed of any progress and be a point of contact should you ever need us.
Client testimonials
Our reviews are a testament to how much we care about our clients and strive to achieve the best possible outcome.
"I highly recommend Carew Counsel Solicitors for anyone seeking a dedicated and knowledgeable solicitor for family law matters. Madison Ogilvie excelled in her communication, ensuring I was kept informed every step of the way. Although it got stressful, Madison's professionalism was top-notch."
"In what was a difficult time to go through, I'm thankful that I had the team at Carew in my corner. I received sound advice all the way through the process and felt proud of the dignified way that my case was being responded to. I would certainly recommend Madison and the team at Carew for their professionalism, experience, integrity and dedicated service."
"10 Stars! Very happy & relieved that I chose Alex Carew & Carew Counsel for a family member in an extremely concerning & complicated Family Court/child protection matter. Highly professional, ethical, respectful, knowledeable, hard working, strategic, collaborative, communicative, caring, compassionate & child & family welfare focused. Thank you from the bottom of our hearts for helping us protect our little child."
"I would like to thank and acknowledge all the team at Carew Counsel Solicitors for representing me in my recent financial settlement matter. I highly recommend that you engage Carew Counsel Solicitors to represent you in your family law matter."
"Across my two year fight to save my son from serious harm, Alex Carew was there every step of the way. His wisdom, professionalism, empathy, meticulous notes, and steadfast negotiation yielded a result which will protect my son now, and for years to come. I can't recommend him and his firm highly enough."
"To the Carew Counsel team. I would like to thank you all for your interest, professionalism, and humanity. You enabled a very stressful process to be handled with diligence and care. I am very grateful to you all for assisting me with this."
Frequently asked questions
Read our most commonly asked questions relating to succession planning, wills, estates, and more.
The cost of creating a will in Melbourne can vary depending on the complexity of the estate, the expertise of the legal professional drafting the will, and the specific services included.
Simple wills with uncomplicated asset distribution and minimal legal complexities may cost relatively less than complex wills involving various assets, trusts, tax planning, or specific legal considerations.
Lawyer fees can also vary depending on whether the firm charges a fixed or hourly fee. If you require additional services such as advice on estate planning, setting up trusts, or providing legal guidance beyond the basic will, these services may also incur additional costs.
We highly recommend consulting an experienced wills and estate lawyer to discuss your specific needs. At Carew Counsel, we can provide you with a fixed quote after your initial consultation so that you don’t receive any nasty surprises further down the line.
Contesting a will in Australia involves challenging the validity of the will or the provision made for a particular individual. The success of a will contest depends on various factors, including eligibility, grounds for contesting, and the evidence provided. There are time limits in place and parties may be asked to attend mediation to reach a settlement outside of court. Failing that, the parties will attend court where the judge will make a decision.
It's recommended to consult with a legal professional who specialises in estate law to navigate the legal process effectively. Legal advice can provide insight into the likelihood of success based on the unique facts of the case. At Carew Counsel, we have the knowledge and expertise to assist you through this process and find the best solution for you and your family.
Nowadays, there are many DIY will kits that you can buy at a low cost; however, there are a number of risks associated with these kits, including:
- Failure to follow the required legal formalities, such as the need for witnesses, proper execution procedures, and specific language
- Difficulties handling complex estates
- Ambiguity and errors that might create challenges during the probate process
Seeking legal advice from someone who specialises in estate litigation can help ensure that you have a valid will that meets all legal requirements, reflects your wishes accurately, and is properly executed.
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