Wills & Estates Lawyers in Melbourne
From your first will to administering a loved one's estate, and standing up for what's 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 advise individuals and families across Melbourne and Victoria on every aspect of wills, estates and succession, from preparing a straightforward will to administering a complex estate, and from protecting a vulnerable family member to resolving a dispute over an inheritance.
Whether you are planning ahead or dealing with the loss of a loved one, we explain your options clearly and act with care. Strict time limits apply to many estate claims, so it is wise to speak with us early.
We appear in the Supreme Court of Victoria and at VCAT in contested estate and guardianship matters, and act for clients across Melbourne and regional Victoria.
Advice & transactions
Putting your affairs in order, and carrying them out with care.
- Wills & testamentary trusts
- Enduring powers of attorney
- Medical treatment decision makers
- Advance care directives
- Probate & letters of administration
- Estate administration
- Superannuation & death benefits
- Business & succession planning
Disputes & litigation
When a will is unfair or an estate goes wrong, we act.
- Part IV family provision claims
- Contesting & defending wills
- Will validity & capacity challenges
- Undue influence claims
- Executor & administrator disputes
- Breach of trust & fiduciary duty
- Estate accounting & construction
- VCAT guardianship matters
In detail
Wills & estates services in Melbourne.
Wills & 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.
Powers of attorney & medical decisions
An enduring power of attorney covers financial and legal decisions if you lose capacity; an appointed medical treatment decision maker covers your health care. Your will only speaks after death — these documents complete the plan.
Probate & 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.
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.
Contesting & defending wills
If you were left without adequate provision, you may be able to claim under Part IV — generally within six months of probate. We act for claimants, and for executors defending an estate.
Superannuation & 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.
What to expect
Putting your affairs in order.
A good estate plan is more than a will. Here is how we build yours.
Fixed fees for wills and powers of attorney.
Wills, enduring powers of attorney and medical decision appointments are quoted as a fixed fee before we start. Probate and estate administration are estimated in writing once the shape of the estate is known — no surprises, at a time when you least need them.
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 legal decisions if you cannot. An appointed medical treatment decision maker makes medical 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 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 an estates lawyer.
One call tells you where you stand: your options, the time limits, and exactly what to do next.