Wills and Estates Lawyers in Box Hill, Melbourne
We prepare wills and powers of attorney, guide executors through probate and the administration of an estate, and act for families and executors when a will is contested. Wills, powers of attorney and a straightforward probate application each have a fixed fee.
Spencer Alexander Lawyers is a Box Hill, Melbourne law firm advising individuals and families across Victoria on wills, powers of attorney, probate and estate administration, and acting in contested estates, with the principal overseeing every matter. A complete estate plan has three parts: a valid will, an enduring power of attorney, and an appointment of a medical treatment decision maker. Together they decide who acts for you if you lose capacity, and who receives what when you die.
- A will must be in writing and signed by you, or by someone else in your presence and at your direction, in front of two witnesses present at the same time, and both witnesses must sign it in your presence. A will can also be signed and witnessed by video link under a special procedure that needs a special witness, such as a lawyer or justice of the peace.
- Without a valid will, a fixed legal formula decides who inherits, and it may not match what you would have chosen.
- Probate is the Supreme Court of Victoria's confirmation that a will is valid and the executor may act.
- Superannuation does not automatically pass under your will.
Whether you are planning ahead or dealing with the loss of someone close, we explain your options plainly and act with care, for clients across Melbourne and regional Victoria. We appear in the Supreme Court of Victoria and at VCAT in contested estate and guardianship matters. Our office is at Suite 10, 1 Main Street, Box Hill, a short walk from Box Hill station, and we act for clients from Blackburn, Doncaster, Burwood, Balwyn, Surrey Hills, Mont Albert, Ringwood and across Melbourne's eastern suburbs, as well as regional Victoria by phone or video.
What we do
Wills and estates services in Melbourne.
Wills and testamentary trusts
A clear, properly executed will is the foundation of every estate plan. Where there is a blended family, a vulnerable beneficiary or significant assets, a testamentary trust can protect an inheritance and manage tax. Without a valid will, a fixed legal formula decides who inherits. Read our guide to making a valid will in Victoria. A single will is a fixed fee of $495 and an estate plan for one person $1,089, both including GST. Read more about how we prepare wills and estate plans.
Powers of attorney and medical decisions
An enduring power of attorney lets someone you trust make financial and personal decisions if you lose capacity, and an appointed medical treatment decision maker makes your medical decisions. Your will only speaks after death, so these documents complete the plan. An advance care directive records your own wishes for treatment. Each document is a fixed fee of $495 per person, including GST. Read more about how we prepare powers of attorney.
Probate and letters of administration
Probate is the Supreme Court of Victoria's confirmation that a will is valid and the executor may act. Where there is no will, letters of administration do the same job. We advise whether a grant is needed and prepare the application. Read our guide to how probate works in Victoria. A probate application for a straightforward estate is a fixed fee of $1,815 including GST. Read more about how we handle probate.
Estate administration
Executors are personally responsible for getting it right: securing assets, paying debts, then distributing the estate. We guide you through each step, or take on the whole administration for you. Read our guide to the duties of an executor.
Contesting and defending wills
If you were left without adequate provision, you may be able to claim under Part IV of the Administration and Probate Act, generally within six months of the grant. A will can also be challenged for lack of capacity, undue influence or fraudulent calumny. We act for claimants, and for executors defending an estate. Read more about how we act in will disputes.
Superannuation and death benefits
Superannuation does not automatically follow your will. We put binding death benefit nominations in place so your super and your estate plan work together, and we act in disputes with fund trustees. Read our guide to superannuation and death benefits.
What to expect
Putting your affairs in order.
Fixed fees for wills and powers of attorney.
Wills, enduring powers of attorney, medical decision appointments and a straightforward probate application each have a fixed fee, listed on our fees page, and estate administration is estimated in writing once the shape of the estate is known.
Good to know
Common questions about wills and estates.
Who can contest my will, and can I reduce the risk?
In Victoria, certain people, typically a spouse or partner, children and some dependants, can ask the court for a share, or a larger share, of an estate if they were left without adequate provision. The risk can never be removed entirely, but careful drafting, and a clear record of your reasons, reduces it considerably. We advise you where your will is exposed and what to do about it.
Does my superannuation follow my will?
Not automatically. Superannuation is paid by your fund's trustee, and unless you have a valid, current binding death benefit nomination, the trustee decides who receives it. For many people super is one of their largest assets, so we make sure your nomination and your will work together rather than against each other.
What is the difference between a power of attorney and a medical treatment decision maker?
An enduring power of attorney lets someone you trust make financial and personal decisions for you, starting as soon as it is signed and your attorney has accepted the appointment, or from a later time or event you choose, such as losing capacity. An appointed medical treatment decision maker makes medical treatment decisions for you if you do not have the capacity to make them yourself. Both operate while you are alive, and a will takes effect only on death. The three documents together are what make an estate plan complete.
I have been named executor. What do I actually have to do?
An executor locates the will, secures the assets, applies for probate where needed, pays the estate's debts and distributes what remains, and is personally responsible for doing it properly. That can feel like a lot at a difficult time. We can guide you through it step by step, or take on the administration for you.
How much does a will cost?
A single will is a fixed fee of $495 including GST, wills for a couple are $880, and a will, enduring power of attorney and medical treatment decision maker appointment together are $1,089 for one person, all confirmed in writing before we start. A will establishing a testamentary trust or dealing with business interests costs more, and our fees page lists every price.
Can I just use a will kit?
You can, but home made wills are where many estate disputes begin: unclear wording, witnessing errors, and assets the will cannot actually deal with. If a kit will fails, the cost of fixing it falls on your estate and your family, usually many times the cost of having the will drafted properly.
Speak with a wills and estates lawyer.
One call tells you what needs doing, in what order, and what it will cost, whether you are putting your affairs in order or an estate is already in dispute.