How to make a Will in Victoria: The complete guide

Making a legally binding will in Victoria, Australia is one of the most important steps you can take to protect your family's future. Yet nearly half of all Australians die without a valid will, leaving their assets to be distributed according to state law rather than personal wishes. This comprehensive guide walks you through everything Victorian residents need to know about creating an effective will, from legal requirements to costs and professional assistance.

What is a Will and why do you need one in Victoria?

A will is a legal document that outlines how you want your assets distributed after death. In Victoria, a properly executed will appoints an executor, nominates guardians for minor children, specifies beneficiaries, and can include instructions for funeral arrangements.

Without a valid will in Victoria:

• Your assets will be distributed according to the intestacy laws in the Administration and Probate Act 1958 (Vic)
• The court will appoint an administrator (usually a close relative)
• Your children's guardian may be decided by a court
• Your de facto partner may face difficulties claiming their entitlements
• The distribution process typically takes longer and costs more

When should you prepare a Will?

The best time to create your will is now, regardless of your age or wealth status. Every Victorian adult over 18 should have a will, especially if you:

• Own property in Melbourne or regional Victoria
• Have financial assets or superannuation
• Are in a relationship (married, de facto, or same-sex)
• Have children or dependents
• Own a business
• Want to support specific charities
• Have pets requiring ongoing care

Important life events that should trigger creating or updating your will include:

• Marriage (which automatically revokes previous wills in Victoria)
• Divorce (which revokes provisions relating to your former spouse)
• Birth or adoption of children
• Purchase of significant assets
• Moving interstate or overseas
• Diagnosis of serious illness

Can you make your own Will?

The short answer is Yes, self-made wills are legally valid in Victoria if properly executed. DIY will kits are available from Australia Post, newsagents, and online services starting from $30.

However, Victorian courts regularly deal with problems arising from improperly prepared DIY wills, including:

• Unclear language leading to family disputes
• Invalid execution due to improper witnessing
• Failure to account for all assets
• Unintentional exclusion of eligible beneficiaries
• Lack of provisions to minimize potential claims under the Family Provision sections of the Administration and Probate Act

The more complex your personal and financial situation, the greater the risk in preparing your own will without legal guidance.

Step-by-step guide: How to write a Will in Victoria

If you're preparing your own will in Victoria, follow these essential steps:

• ‍1. Create an asset inventory: List all property, vehicles, bank accounts, investments, superannuation, insurance policies, and valuable personal items. Remember digital assets like online accounts and cryptocurrencies.‍
• 2. Identify beneficiaries: Decide who will receive specific assets and in what proportions. Consider contingency beneficiaries if your primary beneficiaries predecease you.‍
• 3. Select an executor: Choose someone trustworthy and capable who understands their legal responsibilities. Many Victorians appoint their spouse or adult child but some consider a professional executor for complex estates.‍
• 4. Nominate guardians: If you have children under 18, specify who should raise them if both parents die. Discuss this responsibility with potential guardians beforehand.
• ‍5. Consider specific gifts: List any items or amounts you wish to leave to specific people or charities.‍
• 6. Address residuary estate: Include a clause stating who receives everything not specifically mentioned.‍
• 7. Document clearly: Use plain, unambiguous language to express your intentions.‍
• 8. Meet legal formalities: Ensure your will complies with Victorian witnessing requirements (detailed below).

Essential information to include in your Victorian Will

A legally effective will in Victoria should contain:

• Your full legal name, current address, and date of birth
• A revocation clause cancelling previous wills
• Clear appointment of an executor and alternate
• Guardian nominations for minor children
• Specific bequests to named beneficiaries
• A residuary clause
• Funeral or cremation preferences (though not legally binding)
• Your signature with date
• Witness signatures and details

Many Victorians overlook important provisions including:

• Superannuation death benefit nominations
• Family trust arrangements
• Business succession planning
• Digital asset access and management
• Pet care instructions
• Blended family considerations

Making your will legally binding in Victoria: requirements

For a will to be legally valid in Victoria under the Wills Act 1997 (Vic), it must meet these specific requirements:

• 1. Written form: The will must be in writing (typed or handwritten).
• 2. Testamentary capacity: You must have sound mind, memory and understanding at the time of making the will.
• 3. Age requirement: You must be at least 18 years old (with exceptions for married minors or those in the military).
• 4. Proper execution: You must sign at the end of the document in the presence of two witnesses.
• 5. Witness requirements: Your two witnesses must:
  • Both be present simultaneously when you sign
  • Be at least 18 years old
  • Not be beneficiaries or spouses of beneficiaries
  • Sign the will in your presence
  • Not need to read the will's contents, but know they're witnessing a will

Once executed, store your original will in a secure location such as a fireproof safe, bank safety deposit box, or with your solicitor. The Victorian Will and Powers of Attorney Registry offers registration services for added security.

Why Victorian residents should use a Lawyer for Will preparation

Professional legal assistance offers significant advantages for Victorian residents:

• 1. Victorian-specific expertise: Local lawyers understand the nuances of Victorian succession laws, including recent changes to the Administration and Probate Act.
• 2. Error prevention: Minor mistakes in DIY wills can lead to the Supreme Court of Victoria invalidating provisions or entire documents.
• 3. Protection against claims: Lawyers can structure your will to minimize the risk of claims under Part IV of the Administration and Probate Act 1958 (Family Provision).
• 4. Comprehensive estate planning: Solicitors provide integrated planning including wills, powers of attorney, and superannuation nominations.
• 5. Complex circumstances: Professional guidance is essential for blended families, business owners, self-managed super funds, or international assets.
• 6. Secure storage: Most Victorian law firms offer secure storage for original wills and maintain records of their location.

Will preparation costs in Victoria: What to expect

The cost of preparing a will varies depending on the complexity of the estate.

Many Victorian law firms like ours offer bundled packages including a will, enduring power of attorney, and medical treatment decision-maker appointment for a fixed fee. Please call our office or reach out via our contact page for our costs that we can tailor to your specific situation.

When comparing costs, consider the potential financial and emotional cost to your family if your will is challenged or found invalid. The Supreme Court of Victoria probate division regularly deals with expensive disputes arising from improperly prepared wills, having a lawyer prepare your will helps to mitigate this.

Additional Considerations for Victorian Will-Makers

• Superannuation: Your super doesn't automatically form part of your estate and requires separate beneficiary nominations directly with your fund.
• Powers of attorney: Consider preparing an enduring power of attorney for financial matters and the appointment of a medical treatment decision maker alongside your will.
• Digital assets: Include provisions for accessing and managing online accounts, social media, and digital currencies.
• Testator's family maintenance: Under Part IV of the Administration and Probate Act 1958 (Vic), eligible persons can contest your will if they believe you didn't make adequate provision for them.
• Regular reviews: Victorian laws change periodically. Review your will every 3-5 years or after significant life events.

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Conclusion: Securing Your Legacy in Victoria

Creating a legally binding will is an essential step in protecting your loved ones and ensuring your wishes are respected after you're gone. While contemplating end-of-life matters can be uncomfortable, the peace of mind that comes from proper estate planning is invaluable.

For Victorian residents, consulting with a qualified legal professional familiar with local laws represents a small investment that can prevent significant complications and expenses for your family later on. Contact our experienced Melbourne legal team today to discuss your specific needs and ensure your estate plan is comprehensive, clear, and legally sound.

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Disclaimer: This information provides general guidance on will-making in Victoria, Australia, but does not constitute legal advice. Laws vary between states and territories and change over time. For advice specific to your situation, please consult with a qualified Victorian legal practitioner.

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