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Tragear & Harris Lawyers
Wills & Estate Planning

Legal Services

Wills & Estate Planning

Protect your family's future with a clear, legally sound estate plan.

(03) 9598 8699

Overview

How We Can Help With Wills & Estates

Taking time now to plan your estate and make a legally binding will can minimise stress for you and your family if you are incapacitated, and provides certainty after you die.

We help you plan for unexpected incapacity, structure your estate to protect vulnerable beneficiaries, understand how family provision claims can arise and how to mitigate them, and, where relevant, build succession planning for your business into your estate plan.

Free 30-minute initial consultation
Plain English advice — no legal jargon
You deal directly with your lawyer
Wills & Estate Planning at Tragear & Harris

What We Cover

Our Wills & Estates Services

Making a Will

A will that designates how your assets are distributed and appoints your executor, as simple or as detailed as your situation needs, including guardianship of minor children and funeral directions.

Enduring Powers of Attorney

Legal documents authorising someone you trust to act on your behalf for financial, personal, and medical decisions if you're unable to.

Asset Protection & Trusts

Trusts and tax-effective strategies built into your will to protect vulnerable family members and manage how assets are held over time.

Intestacy & Family Provision

Advice on what happens if you die without a will, and how to structure your estate to reduce the risk of a family provision claim.

Executor Guidance

Support for executors on funerals, debt collection, insurance claims, obtaining probate, and distributing the estate correctly.

Aged Care & Retirement Planning

Planning considerations for retirement living and aged care arrangements as part of your broader estate plan.

Common Questions

Frequently Asked Questions

What happens if I die without a will?

Dying intestate (without a will) means your estate is distributed according to a fixed legal formula under Victorian law, which may not reflect your wishes. It can also lead to family disputes, delays, and additional costs for your loved ones.

How often should I update my will?

We recommend reviewing your will whenever there is a significant life change — marriage, divorce, birth of a child, death of a beneficiary, or a major change in your assets. At a minimum, a review every 3–5 years is advisable.

Does marriage or divorce affect my will?

In Victoria, marriage automatically revokes an existing will unless it was made in contemplation of marriage. Divorce revokes gifts to a former spouse. It is essential to update your will after either event.

What is a testamentary trust and do I need one?

A testamentary trust is created by your will and comes into effect after your death. It can provide tax benefits, protect assets from creditors, and provide for children or vulnerable beneficiaries over time. We can advise whether it suits your situation.

Can I make my own will?

Technically yes, but poorly drafted wills are one of the most common causes of estate disputes. Small errors in wording or witnessing can invalidate your will or create unintended outcomes. Professional legal drafting is strongly recommended.

Ready to speak with a lawyer? Your first 30 minutes are free.

No obligation. Completely confidential. Plain English advice.

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