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Wills & Powers of Attorney

A picture showing 3 generations of men showing the importance of being prepared from Wills to Powers of Attorney

 A Will protects what you have worked hard to build up. It aims to prevent a family from being torn apart by bickering over what you leave behind. 

Powers of Attorney is a legal document that lets you appoint someone to make decisions about personal matters (such as where you live) or financial matters (such as paying bills) or both.

Probate is the process of finalizing the deceased assets and financial debts in order to distribute them to the beneficiaries as per the Will, or where there is no Will, the court will grant letters of administration to the person who applies to step in as Executor.

Testators Family Maintenance – When a families provision in the Will is considered inadequate, they can make a Testators Family Maintenance claims or Part IV claim. This is made to the court as a result of a disputed Probate with respect to the provisions made under the Will where a party feels that the assets are unfairly distributed. 

A Will protects what you have worked hard to build up. It aims to prevent a family from being torn apart by bickering over what you leave behind. In preparing your Will, we will commence with a phone conference and work through a checklist of items to understand how you’d like your assets distributed. Once you have provided us with your instructions, we will draft your will. 
Some of the aspects to consider are:

  • To appoint an Executor – we can advise you of the best people to consider for this role
  • A list of your beneficiaries – You need to include ALL beneficiaries including the ones you wish to exclude
  • A Guardian for your children
  • All assets that your own Any charities you wish to include

We will organise an appointment to review and sign your will in the presence of a Lawyer and a witness and once it is signed, it is used upon your passing when probate is lodged,

We offer online services for Wills and Powers of Attorney. When they are ready to sign, we can organise a meeting in your home, nursing home or our office to sign (conditions and costs apply).


Powers of Attorney is a legal document that lets you appoint someone to make decisions about personal matters (such as where you live) or financial matters (such as paying bills) or both. This person is called an attorney. You can limit the power to cover only specific matters, and you can choose when the powers start. Where there is no Powers of Attorney, the Government or VCAT, will appoint and administrator to make decision on your behalf if you are not able to.

Power of Attorney – Medical

Your attorney cannot make medical treatment decisions for you unless they also have Enduring and medical powers of attorney. The power endures – or continues – if and when you are unable to make decisions for yourself. If you don’t appoint anyone, and are unable to make a decision when it needs to be made, the Victorian Civil and Administrative Tribunal (VCAT) will appoint a government organisation to make the decision for you.

​Power of Attorney – Financial

An enduring power of attorney (financial) authorises the person to make financial and legal decisions on your behalf. You can elect for the power to take effect immediately, on a specified date, or if and when you became mentally incapacitated.


Probate is the process of finalizing the deceased assets and financial debts in order to distribute them to the beneficiaries as per the Will, or where there is no Will, the court will grant letters of administration to the person who applies to step in as Executor.
​The Executor needs to sell the assets and pay the deceased person’s debts, and transfer the remaining assets to the people who are entitled to them, or the beneficiaries as per the Will. Where the Executor has to pay from his own money, the funds will be returned to him prior to distributing to the beneficiaries.

Where there is a spouse, they generally receive 100% of the estate (subject to the Will). This is a much simpler process and does not take long to transfer the assets into the spouses name.

Where there is no spouse, process may take many months and is a lot of work for an Executor, especially if there are multiple assets. They need to pay the debts, prepare the assets for sale and sell the assets, comply with any tax obligations and then finally distribute the assets. 

Disputes during probate

​In many cases, there are disagreements that arise during probate. Although many WIlls are written to cover all circumstances, a court may still find an dispute a beneficiary puts forward as valid. This will then move the Probate into a TFM claim. This needs to be resolved prior to the distribution of an Estate.


When a families provision in the Will is considered inadequate, they can make a Testators Family Maintenance claims or Part IV claim. This is made to the court as a result of a disputed Probate with respect to the provisions made under the Will where a party feels that the assets are unfairly distributed. 

​The applicant must show that:

  1. The deceased had a moral obligation to make adequate provision for the applicant in the Will, and
  2. The Will was inadequate having no regard for the applicants financial needs and resources.

There are many factors that are taken into account by the court when making their decision, including intent of the Will, the party making the claim and if there is any evidence of the reasons for the distribution, to name a few.

We will assess your position and ascertain your likely success, in certain circumstances, obtaining specialist barristers opinion to avoid unwarranted costs.

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