The wills and estate lawyers in Melbourne

The cost depends on what you need. A simple will is usually quicker to prepare, while situations like blended families, businesses, trusts or overseas assets take more time and care. When you meet with Carew Counsel, we will listen to what matters to you, explain your options, and offer expert advice on the best way to set up your documents.

You are paying for careful legal work that protects your wishes. We take your instructions, provide expert insights into choices such as executors and gifts, draft your will in plain language, and guide you through signing and storing it properly. There are no court fees just to make a will, but if your estate later requires probate, filing charges apply. The Supreme Court of Victoria has more details about their forms, fees and services.

If you want a clear idea of the likely fees for your situation, our lawyers can assist you with an upfront estimate and a plan that suits you. Get in touch, and we will help you put a valid will in place with confidence.

Contesting a will is possible, but success depends on the circumstances. The court will look closely at whether the will was made with proper capacity, whether the person making it understood what they were signing, and whether fair provision has been made for certain eligible family members. For example, if there is a lack of testamentary capacity at the time the will was made, the document may be open to challenge.

It is important to remember that disputes about wills are complex legal issues. They involve not only succession law but also often overlap with family law matters, particularly where blended families or financial relationships are involved. Working with experienced estate litigation law firms gives you a realistic understanding of whether your claim has merit and what evidence you will need.

Even if you have good grounds, the process can be stressful, expensive, and time-consuming. Courts encourage parties to resolve matters early, and many cases settle through negotiation or mediation before reaching a hearing. Taking advice from a specialist helps reduce the risk of unnecessary future disputes and may lead to an outcome that is quicker and less costly.

If you are considering contesting a will, speak to a lawyer as soon as possible. Time limits apply, and early guidance can make all the difference in protecting your rights.

You can write your own will, but it is not always the safest option. A will must meet strict legal requirements to be recognised by the court, and a valid will ensures your wishes are carried out as you intended. Mistakes in wording, witnessing, or signing can mean the will is challenged or even declared invalid.

The law also requires that you have the capacity to make a will. This means understanding the nature of the document, the extent of your assets, and who should benefit from your estate. Disputes often arise when family members argue that the person making the will did not fully understand what they were signing.

Working with an estate lawyer helps avoid these risks. We help you prepare the right documents, offer expert advice about the best way to structure your estate plan, and make sure your instructions are clear and enforceable. Choosing someone you trust to guide you through the process provides peace of mind and ensures that your affairs are in order.

If you are thinking about making or updating your will, speaking to an experienced lawyer is the best way to make sure your wishes are protected.

An estate planning lawyer helps you make decisions that protect your assets, provide for your family, and ensure everything is distributed according to your wishes. Unlike a simple will, estate planning looks at your entire financial and personal picture — from property and superannuation through to family needs and potential risks.

Specialist firms, often described as succession planning law firms, bring the depth of knowledge needed to navigate complex family arrangements, business structures, or trusts. They provide expert guidance on minimising tax implications, safeguarding wealth, and setting up long-term asset protection strategies.

Estate planning also covers important documents beyond a will. This can include setting up an enduring power of attorney, preparing care directives, and managing appointments of medical treatment decision makers, so that trusted people can act for you if you lose capacity. Financial structures such as binding death benefit nominations and testamentary trust wills may also form part of the plan, depending on your circumstances.

Ultimately, the role of an estate planning lawyer is to give you confidence that nothing important has been left out. By covering today’s needs and tomorrow’s uncertainties, they make sure your estate plan is thorough, enforceable, and ready to support those who depend on you.

If you pass away without a will, the law says you have died “intestate.” In that situation, your estate must go through a legal process called intestacy. Instead of your wishes deciding what happens, the law sets out how the assets will be distributed, which may not match what you would have wanted.

Your estate becomes what is known as a deceased estate, and it cannot be finalised until the court appoints someone to manage it. This is handled through the administration process, where the court grants authority to an administrator of the estate. If a valid will exists, the people named as executors and administrators manage the estate. If no will is left, the court decides who will act.

The person taking on this responsibility may need to apply for a grant of probate or for probate or letters of administration, depending on whether a will is in place. This is known as the process of proving the authority to deal with the estate. Once appointed, the executor or administrator collects the assets, pays any debts, and arranges the distribution of assets in line with the rules of intestacy.

Dying without a will can create uncertainty, delay, and cost for the people you leave behind. Having a valid will ensures your assets are distributed according to your wishes and allows you to choose who is appointed as an executor. The best way to protect your loved ones is to make sure your estate plan is in place while you can.

The right lawyer will make the process of planning or managing an estate much easier. When comparing options, look for a firm recognised as a leading wills practice with experience across the full areas of wills and estates law. This includes everything from drafting documents to probate, challenges, and complex family arrangements.

Specialist knowledge matters. Many succession planning law firms focus on proactive estate planning, while estate litigation law firms are skilled in handling disputes if they arise. The best firms combine both, so they can guide you through planning, negotiation, or court proceedings if needed.

It is also important to consider whether your lawyer can assist with related matters. Estate planning often involves issues like guardianship and administration applications, creating special disability trusts, or helping with powers of attorney when you may be unable to make decisions yourself. A good lawyer will also make sure you nominate someone you trust to make decisions on your behalf.

A strong reputation in your community is another good sign. Carew Counsel works with clients across many Melbourne suburbs, providing accessible advice and support for individuals and families. Whether you are writing a will, managing an estate after a loved one’s passing away, or ensuring a beneficiary receives what they are entitled to, the right lawyer gives you both confidence and peace of mind.

If you are ready to take the next step, contact a wills and estates lawyer today to discuss your situation. Speaking with a lawyer early helps you find the right fit and ensures your estate plan is set up properly from the beginning.