Wills and Estates Lawyers in Melbourne
From your first will to administering the estate of someone close, and standing up for what is fair when a will is contested. We help you put your affairs in order, and we act decisively when an estate is in dispute.
Spencer Alexander Lawyers is a Box Hill, Melbourne law firm acting for individuals and families across Victoria in wills, powers of attorney, probate, estate administration and contested estates, with the principal handling 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, signed by you, and witnessed by two adults who are present at the same time.
- 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 in Box Hill, in Melbourne's east, close to Blackburn, Doncaster, Burwood and Ringwood.
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 everything. Read our guide to making a valid will in Victoria.
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.
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.
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.
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 and medical decision appointments are usually quoted as a fixed fee, and probate and estate administration are 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 if you cannot. An appointed medical treatment decision maker makes medical treatment decisions in the same circumstances. Both operate while you are alive; your will only speaks after 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?
We usually quote a fixed fee before we start, confirmed in writing. The price depends on complexity: a straightforward will costs less than one establishing testamentary trusts or dealing with business interests. Couples often prepare their wills together, and powers of attorney can be added as a package.
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.