Practice Areas / Wills & Estate Planning
Wills & Estate Planning Lawyers
Wills, powers of attorney and estate plans for families across Melbourne, Frankston and the Mornington Peninsula. Advice in English and in Polish.
Planning ahead
A will is only one part of an estate plan. The documents that matter most are often the ones people forget: a superannuation nomination that has lapsed, a power of attorney that was never signed, or an old will that no longer reflects the family it was written for.
We look at the whole picture, explain your options in plain language, and prepare documents that do what you intend. Radek Dajer acts personally on every wills and estates matter, in English and in Polish.
How we help with wills and estate planning
Wills
Executors, specific gifts, guardians for young children and funeral wishes, prepared to meet the formal requirements of Victorian law.
Powers of attorney
Enduring powers of attorney for financial and personal matters, and general powers for a specific task or a period overseas.
Medical decisions
Appointing a medical treatment decision maker and recording your wishes in an advance care directive.
Estate planning
Testamentary trusts, superannuation nominations, asset protection and business succession, coordinated with your accountant.
Wills, codicils and testamentary trusts
We draft wills that state your wishes clearly and reduce the risk of a dispute later. Every will we prepare meets the formal requirements of the Wills Act 1997 (Vic), and we supervise the signing so the witnessing requirements are met.
- Wills: executors, specific gifts, the residue of your estate, guardians for minor children and funeral wishes.
- Codicils: a formal amendment where only a small change is needed, without rewriting the whole will.
- Testamentary trusts: a trust created by your will to protect young or vulnerable beneficiaries and control when they receive their inheritance.
- Blended families: life interests, protective trusts and mutual wills to balance a surviving partner against children from earlier relationships.
Powers of attorney and medical decisions
These documents let someone you trust act for you if you cannot, whether for a short time or permanently.
- Enduring power of attorney: appoints someone to make financial or personal decisions for you, or both, and continues if you lose capacity. Made under the Powers of Attorney Act 2014 (Vic).
- General power of attorney: authority for a specific purpose or period, such as while you are overseas. It ends if you lose capacity.
- Medical treatment decision maker: the person you choose to make medical treatment decisions if you cannot, under the Medical Treatment Planning and Decisions Act 2016 (Vic).
- Advance care directive: records your values and your instructions about future medical treatment.
If you lose capacity without them
Nobody has automatic authority to deal with your bank accounts or property. Your family may need to apply to the Victorian Civil and Administrative Tribunal (VCAT) for an order, which takes time and money, and the person appointed may not be the one you would have chosen.
Estate planning beyond the will
Some of your most valuable assets may not pass under your will at all. Superannuation is held by your fund’s trustee, and property you own as joint tenants passes to the surviving owner. A complete estate plan deals with these assets too.
- Superannuation: binding death benefit nominations and reversionary pensions, and the tax treatment of death benefits paid to dependants and non-dependants.
- Asset protection: structures that help protect what you leave from creditors, family breakdown and claims against the estate.
- Tax-effective structures: testamentary trusts and family trusts, working with your accountant.
- Business succession: buy-sell agreements, put and call options and key person arrangements, so your business can continue if you die or lose capacity.
Ready to make or update your will?
Book a consultation to talk through your family and your assets. If you already know what you want, you can send us your instructions online.
Common questions
Can’t see your question? Call 1800 776 529 or send us a message.
No law requires it, but homemade wills are a common source of disputes. A will that is unclear, is not properly witnessed, or leaves out important assets can cost your family far more than it saved. We make sure your will is valid, clear and suited to your circumstances.
Your estate is distributed under the intestacy rules in the Administration and Probate Act 1958 (Vic), which may not match your wishes. Someone must apply to the Supreme Court of Victoria for letters of administration before the estate can be dealt with. Our guide to letters of administration explains the process.
Yes. In Victoria, marriage generally revokes an existing will unless the will was made in contemplation of that marriage. Divorce revokes gifts to your former spouse and their appointment as executor, but not the rest of the will. Review your will after either event.
Usually not. Your fund’s trustee decides who receives your superannuation unless you have a valid binding death benefit nomination. Some nominations lapse after a set period, so check yours regularly.
What is the difference between an enduring power of attorney and a medical treatment decision maker?
An enduring power of attorney covers financial and personal matters. Medical treatment decisions are made by your medical treatment decision maker, who is appointed separately. Most people need both.
Yes. Radek Dajer speaks Polish and can take your instructions and explain your will and powers of attorney in Polish. See our Polish-language services.
After any major life event: marriage, separation or divorce, the birth of a child or grandchild, the death of an executor or beneficiary, or buying or selling significant assets. Otherwise, every three to five years.
Wills and estates insights
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