Start online / Will instructions
Start your will online
Tell us about your family and what you would like your will to say, and we will take it from there.
Before you start
Time: about a minute for the first page, or about 10 minutes to answer everything online.
Have handy: the names of your executors and beneficiaries (and guardians, if you have children under 18), and a rough idea of what you own.
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We reply within one business day. Where the work allows, we quote a fixed fee. Otherwise we charge for the time spent and give you a written estimate.
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Common questions
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Your executor is the person you appoint in your will to carry out your wishes after you die. Your executor collects your assets, pays your debts and distributes your estate, and applies to the Supreme Court of Victoria for a grant of probate where one is needed. You can appoint one executor or several, and we can talk through how many suits your situation. Choose someone who is organised, trustworthy with money, and willing to take on the responsibility. It is prudent to also name a substitute executor in case your first choice is unable or unwilling to act.
If you die without a valid will in Victoria, you die intestate and your estate is distributed under the intestacy provisions of the Administration and Probate Act 1958 (Vic). The law determines who inherits, which may not reflect your wishes. A spouse or domestic partner is typically the primary beneficiary, but the outcome depends entirely on who survives you and the value of the estate. Without a will there is no executor, so a family member usually needs to apply to the Supreme Court of Victoria for letters of administration, unless the assets are small enough for the institutions holding them to release without a grant. Making a will is the only reliable way to control how your assets are distributed.
How you own property directly affects your estate planning in Victoria. If you own property as joint tenants, the surviving owner automatically inherits the deceased owner’s share by right of survivorship. Your will has no effect on that share. If you own as tenants in common, your share forms part of your estate and passes according to your will. How you own the property is recorded on the title in the Victorian Register of land kept by Land Use Victoria, and we can check it with a title search. This distinction is critical when planning your estate, particularly for blended families or co-ownership arrangements.
Not automatically. Superannuation does not automatically form part of your estate. It passes under your will only if your fund pays it to your legal personal representative (your executor). It is held in trust by your super fund, and the trustee decides who receives the death benefit unless you have a valid Binding Death Benefit Nomination (BDBN) in place. A BDBN directs your fund to pay the benefit to your nominated beneficiaries, who must be a dependant (such as a spouse or child) or your legal personal representative. The Australian Taxation Office provides guidance on nominations. Many binding nominations lapse after three years unless you confirm them, while some funds offer non-lapsing nominations, so check your fund’s rules and review your nomination regularly.
If you have children under 18, you can appoint a testamentary guardian in your will to care for them if both parents pass away. The guardian makes decisions about where the children live, their schooling, and their general welfare. Appointing a guardian ensures your children are cared for by someone you trust. If you do not appoint a guardian, a surviving parent usually keeps parental responsibility. If neither parent survives, family members or others concerned with the children’s care can apply to the Federal Circuit and Family Court of Australia for parenting orders under the Family Law Act 1975 (Cth), and the outcome may not match your wishes.
Yes. You can revoke or update your will at any time while you have legal capacity. The most common method is making a new will, which expressly revokes all previous wills and codicils. You may also add a codicil to make minor amendments. Under the Wills Act 1997 (Vic), marriage automatically revokes a prior will in Victoria unless the will was made in contemplation of that marriage. Divorce does not revoke your whole will, but it generally revokes gifts to your former spouse and their appointment as executor, trustee or guardian, unless your will shows you intended otherwise. Separation alone does not have this effect, so update your will promptly after a relationship ends. Review your will after major life events including marriage, divorce, birth of children, or significant changes to your assets.
A testamentary trust is a trust set up by your will that takes effect after your death. It is governed by your will and the Trustee Act 1958 (Vic). Income a minor receives from a testamentary trust is generally taxed at adult rates rather than the higher rates that apply to minors, but only where it comes from assets that came from your estate. A testamentary trust can also help protect assets from a beneficiary’s creditors or relationship breakdown, although that protection is not absolute. Testamentary trusts are most useful for larger estates or where beneficiaries need ongoing financial management.
Generally you must be 18 or over to make a valid will in Victoria (Wills Act 1997 (Vic) s 5). A person under 18 can make a will if they are married or the will is made in contemplation of a marriage (s 6), or if the Supreme Court of Victoria authorises it (s 20).