Wills and Estates

Before seeing a lawyer, consider:

• Who will be your Executor and Alternate Executor
• Guardianship arrangements for minor children
• Your assets and how you want them distributed
• Potential family claims
• Funeral preferences
• Whether you want to leave a charitable gift

Choose a trusted individual—usually a family member or friend. If unavailable, you may appoint an independent trustee company or a lawyer. If no appointment is made, VCAT may appoint a suitable representative.

You should update your Will when:

• You marry, separate, divorce, or remarry
• Family circumstances change (births, deaths, stepchildren, etc.)
• Your finances change significantly
• Your Executor or Guardian becomes unavailable
• A beneficiary’s circumstances change (e.g. bankruptcy or death)

A Part IV Claim (Family Provision Claim) is an application to the Court seeking greater provision from a deceased estate. It must be made within 12 months of the date of death and must show that the deceased had a moral duty to provide for the applicant.

To obtain Probate, you will need:

• The deceased’s Death Certificate
• The original Will
• An inventory of assets and liabilities
• Court forms and affidavits prepared by the Executor

If there is no Will, Letters of Administration must be applied for by the Next of Kin.

Testamentary Trusts can:

• Provide asset protection
• Minimise tax paid on income earned from the inheritance
• Allow flexibility in distributing assets to beneficiaries

A Guardianship Order allows a legally appointed Guardian to make personal decisions (e.g., health care, accommodation) for a person lacking decision-making capacity. VCAT grants this only where it promotes the person’s wellbeing and no less restrictive option is suitable.