More than half of Australian adults do not have a valid will. If you die without one, Victorian law decides how your assets are distributed — and the result may not reflect your wishes. As estate planning lawyers in Frankston, we see the consequences of this regularly.
What Happens If You Die Without a Will?
Dying without a will is called dying “intestate.” In Victoria, the Administration and Probate Act 1958 (Vic) sets out a fixed formula for distributing your estate. If you have a spouse and no children, your spouse receives everything. If you have a spouse and children from that relationship, your spouse still receives everything. However, if you have children from a previous relationship, your spouse receives the first $451,909 (indexed annually), personal chattels, and half of the remainder — with the other half divided among all your children.
If you have no spouse or children, your estate passes to your parents, then siblings, then more distant relatives. If no relatives can be found, your entire estate passes to the State of Victoria.
Why a Will Matters
A properly drafted will allows you to:
- Choose who receives your assets — including specific gifts of property, money, or personal items to the people and organisations that matter to you.
- Appoint your executor — the person responsible for administering your estate, paying debts, and distributing assets according to your wishes.
- Appoint guardians for minor children — if both parents die, your will nominates who will care for your children.
- Establish testamentary trusts — providing asset protection and tax advantages for your beneficiaries, particularly minor children or beneficiaries who may be vulnerable.
- Reduce the risk of disputes — a clear, professionally drafted will is far less likely to be challenged than a homemade document or no will at all.
When Should You Update Your Will?
Your will should be reviewed after any major life event, including marriage (which automatically revokes a prior will in Victoria under the Wills Act 1997), divorce, the birth or adoption of a child, the acquisition or sale of significant assets, or changes in your relationships with beneficiaries.
Powers of Attorney and Medical Treatment Decision Makers
A comprehensive estate plan also includes an enduring power of attorney (financial) and the appointment of a medical treatment decision maker. These documents ensure that someone you trust can manage your finances and make medical decisions on your behalf if you lose the capacity to do so yourself. Without them, your family may need to apply to VCAT for an administration order — a costly and time-consuming process.
Get Your Estate Plan in Order
Professional Edge Lawyers prepares wills, powers of attorney, and estate plans from our Frankston office. We serve clients across Melbourne, the Mornington Peninsula, and greater Victoria. Contact us on 1800 776 529 to book an appointment.
