Wills in Victoria: A Practical Guide
Introduction
A will is a legal document that sets out how a person’s assets are to be dealt with after their death. Despite this, many people delay making a will, particularly if they are young, do not own property, or believe their circumstances are straightforward.
This guide provides an overview of wills in Victoria, including when a will is needed, what a will typically covers, and what can happen if a person dies without one.
What Is a Will?
A will is a legally binding document that:
Appoints an executor to manage your estate
Specifies who will receive your assets
May include instructions about guardianship of children under 18
Can deal with personal items, money, property, and other assets
A valid will allows your wishes to be clearly recorded and carried out in accordance with Victorian law.
Who Should Have a Will?
In general, anyone over the age of 18 can make a will. Having a will is particularly important if you:
Own property or other significant assets
Have children or dependants
Are in a blended family
Own a business
Wish to leave specific gifts to certain people or charities
Even where assets are modest, a will can help avoid uncertainty and disputes.
Do I Need a Will If I Don’t Own Property?
Yes — many people still benefit from having a will even if they do not own real estate.
A will can:
Deal with savings, superannuation benefits, and personal belongings
Appoint an executor to manage your affairs
Reduce the risk of disputes between family members
Provide clarity about your intentions
Without a will, these matters are dealt with under statutory rules, which may not reflect your wishes.
What Happens If You Die Without a Will?
If a person dies without a valid will, they are said to have died intestate. In Victoria, this means:
The estate is distributed according to a statutory formula
The distribution may not align with the deceased’s personal relationships or intentions
Additional time, cost, and complexity can arise for family members
Intestacy can be particularly problematic in blended families or where relationships are strained.
What Can a Will Include?
A will can be tailored to reflect individual circumstances and may include:
Gifts of specific items or sums of money
Distribution of the residue of the estate
Appointment of substitute executors
Guardianship provisions for minor children
Funeral or burial wishes (noting these are not legally binding)
The structure of a will will depend on the size and complexity of the estate.
Can a Will Be Changed?
Yes. A will can generally be changed at any time while the person has legal capacity. Common reasons for updating a will include:
Marriage or separation
Birth of children
Purchase or sale of property
Changes in financial circumstances
Changes in relationships
Keeping a will up to date is just as important as having one in the first place.
Are Wills Ever Challenged?
In some circumstances, a will may be challenged, including through family provision claims (also known as Part IV claims). These claims do not automatically invalidate a will but may result in the court adjusting how an estate is distributed.
Certain steps can be taken when preparing a will to reduce the risk of disputes, depending on individual circumstances.
Final Thoughts
A will is an important part of planning for the future, regardless of age or asset level. Understanding how wills operate in Victoria can help individuals make informed decisions and avoid unnecessary complications for loved ones.
Obtaining advice tailored to your personal circumstances can help ensure that your will is valid, effective, and reflects your intentions.
Disclaimer
This guide is general information only and does not constitute legal advice. It relates to Victorian law only.