Experienced estate planning lawyers in Melbourne

If someone dies without a valid will, their estate is considered intestate. In this case, the distribution of their estate follows a legal formula, rather than their personal wishes.

Intestacy laws determine who receives the deceased's assets, often starting with spouses and children. If no will exists, someone (usually a next of kin) must apply for letters of administration to gain the authority to manage the estate. This process is handled through the Supreme Court of Victoria and can lead to delays and disputes over estates.

The executor is legally responsible for administering a deceased estate according to the terms of the will. Their duties include collecting assets, paying debts, and distributing the estate to the named beneficiaries.

Executors must also apply for probate, notify financial institutions, lodge tax returns, and manage the estate in the best interests of everyone involved. If the estate is complex, it is common for the executor to work closely with one of our lawyers to navigate legal obligations and ensure the estate is handled properly.

Yes, a will can be contested if someone believes they were unfairly left out, or not enough provision has been made for them, or the will was not valid. This is often called a ‘family provision’ claim or dispute over a will.

Common reasons why a will may be contested are a lack of testamentary capacity on the part of the willmaker, undue influence, or concerns about the way the will was signed. Contested wills are emotionally and legally challenging, so it is important to seek legal advice as soon as possible to understand your legal rights and whether a challenge is appropriate.

A will outlines how your assets will be distributed after your death. A power of attorney gives someone legal authority to act on your behalf while you are still alive.

Wills and powers of attorney serve different purposes but are often prepared together as part of planning for the future. An enduring power of attorney can be critical if you lose the capacity to make decisions. Our legal team can guide you through both documents as part of our tailored legal services.

If you have concerns about how the executor is managing the estate, you may have legal options. Beneficiaries can apply to the court to have an executor removed in serious cases.

Signs of mismanagement might include a lack of communication, failure to provide records, or clear breaches of legal obligations. Carew Counsel provides confidential estate litigation advice if you are worried that an executor is not acting in the best interests of the estate.

You should review your will whenever your personal or financial situation changes. This includes marriage, divorce, the birth of a child, or acquiring significant new assets.

Even if nothing major has changed, reviewing your will every few years is a smart way to ensure your estate is distributed according to your wishes. A lawyer can help you determine whether amendments are appropriate or if a new will should be drafted.

While it is legal to write your own will, it is not recommended. Mistakes in wording or witnessing can make the document invalid and can result in your estate having to pay significant legal costs to have those mistakes rectified by the Court after death. On occasions where a willmaker prepares their own will, they can inadvertently fail to properly deal with all their assets, resulting in an unexpected outcome for the estate, which cannot be reversed. 

Having Carew Counsel draft your will ensures that it complies with Victorian law and clearly reflects your intentions. We help clients with everything from simple wills to complex estate matters, providing peace of mind that nothing has been overlooked and that the chances of an estate dispute have been safely mitigated.

The estate administration process can take anywhere from a few months to over a year, depending on the complexity of the estate.

Factors that affect timing include whether there is a valid will, the need for probate, the type of assets involved, and whether any disputes arise. Administering a deceased estate involves many legal and financial steps, and engaging a lawyer experienced in the management of estates can assist in making the process smoother and more efficient.