Dying intestate – the perils of not making a Will

A valid Will determines how your estate is dealt with after you die. Your Will can appoint an appropriate family member or trusted friend to administer your estate (your executor), nominate guardians for young children, determine who will receive your assets and give...

Challenging a deceased estate – have you missed out?

The Administration and Probate Act 1958 (Vic) (the ‘Act’) allows the Court to make orders to provide for a claimant from the estate of a deceased person.  This means that the Court may change a deceased person’s Will or administration on intestacy to award a person...

Frequently Asked Questions on Estate Planning

While many people are unlikely to nominate estate planning aka “Thinking about what will happen to my assets when I die” as being on their “most wanted things to do” list in reality, this is something that should be on all our “must do” lists. Proactively planning for...

Making a Will if capacity is in question

It is well known that a Will is a legal document which sets out how a person wants their assets to be distributed once they die. If you are over the age of 18 you can make a Will – provided you have capacity. In general terms a person will have the necessary...

Making your Will count – healthy Will checklist

  It is important for everyone over 18 to have a Will to make sure their wishes are followed, and their assets are distributed as they would want after they die. If you don’t have a Will your assets will be divided according to how the law dictates in the rules...