Wills · Hawthorn VIC 3122

Wills in Hawthorn.

Solicitor-drafted wills for Hawthorn, at a fixed fee quoted up front. We help you choose executors and guardians, provide for the people who matter, and draft a will that does what you intend and holds up afterwards.

  • Drafted by a solicitor
  • Fixed fee quoted up front
  • 5-star reviewed
  • Same business-day reply

Get your Hawthorn will quote.

Fixed fee, quoted by a solicitor, no obligation.

What do you need?

Prefer to start now? Complete your will online

Why it is worth getting right

A valid will is more exacting than it looks.

For a will to be valid in Victoria it has to meet the formal requirements of the Wills Act 1997, and small missteps in how it is signed, witnessed or worded can see a gift fail or the whole document challenged. Life events matter too: marriage generally revokes an existing will, and divorce changes what a former spouse receives.

The hardest parts are rarely the gifts. Choosing an executor who can actually do the job, naming guardians for children, and dealing with assets that sit outside the will, such as superannuation or anything held in a company, trust or SMSF, are where a plan succeeds or comes undone. That is the value of having a solicitor draft it.

Start your will online

Formal requirements met

Drafted, signed and witnessed to meet the Wills Act 1997, so the will is not open to a technical challenge.

The right executor

We help you appoint someone who can administer the estate, with substitutes so the role is never left empty.

Guardians and children

Nominate who cares for young children, with a trust so an inheritance is managed until they are ready.

Super and structures

We flag what sits outside the will, superannuation and company, trust or SMSF assets, and how to align it.

Wills in Victoria

What the law requires, and where wills come undone.

A will is a formal legal document governed by the Wills Act 1997 and the Administration and Probate Act 1958. Understanding what the law requires, and the points where a will most often fails, is why Hawthorn clients have a solicitor prepare theirs.

The formal requirements for a valid will

Under section 7 of the Wills Act 1997 a will must be in writing, signed by the testator or by someone at their direction and in their presence, signed with the intention of executing a will, with the signature made or acknowledged before two or more witnesses present at the same time, who then attest and sign in the testator's presence. An attestation clause is not strictly required but is almost always used. Where a will falls short, a court may be able to rectify it (section 31) or dispense with the formalities (section 9), but that means an application, cost and uncertainty, the very things proper execution avoids.

Revocation, marriage and divorce

Executing a new will revokes all earlier wills, whether or not it says so (section 12). A will can also be revoked by a separate instrument executed like a will, by authorised writing on it, or by destroying the original. Marriage generally revokes a will unless it was made in contemplation of that particular marriage (section 13). Divorce and annulment do not revoke the whole will, but under section 14 they revoke gifts, powers and appointments in favour of a former spouse unless a contrary intention appears. A revoked will can be revived (section 16). Each of these is a trap after a life change, which is why a will should be reviewed when circumstances shift.

Choosing executors and trustees

An executor is a trustee of the estate and keeps holding assets on trust where a beneficiary cannot yet take their gift, for example a child or a person without capacity. Appointing a beneficiary as executor is usually the best option, and naming a substitute stops the role falling vacant and avoids an application for letters of administration. The court will generally grant probate to a limited number of executors. Commission must be authorised by the will, the court or the beneficiaries, and a remuneration clause is only effective if the testator gave written informed consent before signing (section 65B of the Administration and Probate Act 1958 and section 49A of the Wills Act 1997). Where a solicitor is appointed, the conduct rules require written disclosure to the client first.

Guardians for minor children

A direction appointing a guardian for minor children is not binding on a court, which decides on the child's best interests, and a surviving parent keeps guardianship with a testamentary guardian acting jointly. Appointing a guardian still matters, particularly for separated parents, because it gives that person standing to be involved. A will that appoints a guardian should also provide, usually through a trust, for the children's maintenance, education and advancement.

Making sure gifts do not fail

Gifts fail in ways people do not expect. A beneficiary who does not survive the testator by the statutory period is treated as having died first (section 39), though gifts to the testator's own children or other issue are protected (sections 43 to 45). If specific gifted property is no longer owned at death, the gift is adeemed and the beneficiary takes nothing, and whether a gift is specific or general is often litigated (see Re Foord [2019] VSC 444). Informal distribution lists create no entitlement unless drafted as proper gifts. Clear drafting of substitution, accrual and the residue is what keeps an estate out of a partial intestacy.

Superannuation and assets outside the will

Superannuation is held by the fund's trustee and does not automatically form part of an estate. It is paid under the fund's rules and any binding death benefit nomination, and only enters the estate where it is directed to the legal personal representative. A death benefit can be paid only to the estate or a dependant, and tax depends on whether the recipient is a tax dependant, which is why a superannuation proceeds trust is often used to keep benefits with tax dependants. Binding nominations can lapse, and in a self managed fund the surviving trustee may control payment (Ioppolo & Hesford v Conti [2013] WASC 389). Assets in a company, trust or SMSF are controlled by those structures, not the will, so the plan has to line them up.

This is general information about Victorian succession law, not advice on your situation. How these rules apply to your estate depends on your assets, your family and your wishes, which is what a CMK Legal solicitor works through with you.

One fixed fee

What your Hawthorn will includes.

No hourly billing and no surprises. Your quote covers the advice and the drafting, with the fee confirmed before any work begins.

A will drafted for your situation

Tailored to your family, your home and your other assets, not a fill-in-the-blanks template.

Executors and substitutes

We help you choose who administers your estate, and name substitutes so the role is never left empty.

Guardians for children

If you have young children, your will nominates who would care for them and sets up a trust for their inheritance.

Gifts, residue and survivorship

Specific gifts and the residue are drafted so a gift does not fail if a beneficiary dies before you.

Super and business assets considered

We flag that superannuation and assets held in a company, trust or SMSF may not pass under the will, and what to do about it.

Signed and stored correctly

We guide the signing and witnessing so the will is valid, and store the original safely for you.

Local knowledge

Estate planning in Hawthorn.

Hawthorn's larger family homes and investment properties mean estates here often include more than one property plus super and shares, where provision for children and protecting an inheritance come to the front.

Hawthorn estates often include more than one property plus shares and super, where a testamentary trust can protect a child's inheritance from a relationship breakdown or creditors, a common reason families here plan beyond a basic will.

With property and investments in the mix, testamentary trust options and provision for children are often worth considering.

Ready to get started

Start your Hawthorn will online.

Complete the online will instructions with plain-English guidance along the way, then a CMK Legal solicitor reviews everything and drafts your will.

Make your will.

Tell us about your family and your assets, and we draft a will that reflects your wishes and meets the formal requirements.

  • Executors and substitutes advised
  • Guardians and a trust for children
  • Gifts drafted so they do not fail
Start your will

Round out the plan.

A will is one part of estate planning. Powers of attorney, testamentary trusts and probate often belong in the same conversation.

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How it works

Three steps to a will that holds up.

01

Tell us about you

Complete the online will instructions, or request a quote and we will call. It takes about ten minutes.

02

A solicitor drafts your will

We prepare your will, raise anything worth deciding, and confirm a fixed fee before any work begins.

03

Sign, witness and store

You sign with witnesses as the law requires, and we store the original and send you a copy.

FAQs

Common questions.

Still unsure? Call us on (03) 9008 7224 and speak to a lawyer, not a call centre.

What makes a will valid in Victoria?
Section 7 of the Wills Act 1997 sets the formal requirements: the will must be in writing, signed by the testator (or by someone else at their direction and in their presence), signed with the intention of making a will, and the signature made or acknowledged in front of two or more witnesses present at the same time, who then sign in the testator's presence. The signatures do not have to be at the foot of the document, and the witnesses need not know the document is a will. Get the execution wrong and a gift, or the whole will, can be open to challenge.
Does getting married or divorced change my will?
Yes. Under section 13 of the Wills Act 1997 marriage generally revokes an existing will unless it was made in contemplation of that particular marriage. Divorce or annulment does not revoke the whole will, but under section 14 it usually revokes gifts to a former spouse and their appointment as executor, trustee or guardian, unless the will shows a contrary intention. Both are reasons to review your will.
Can I change or revoke my will?
A later validly executed will revokes earlier wills (section 12), whether or not it says so. A will can also be revoked deliberately by a separate instrument executed like a will, by authorised writing on it, or by destroying the original. Altering a will has the same formal requirements as making one (section 15), and a revoked will can be revived (section 16). Informal changes, like crossing things out, are where problems start.
What happens if I die without a will in Victoria?
Your estate is distributed under the intestacy rules in the Administration and Probate Act 1958, which set a fixed order of who inherits regardless of what you would have wanted, and someone has to apply for a grant to administer it. A will replaces that default with your own decisions and makes administration simpler for the people you leave behind.
Does my superannuation pass under my will?
Not automatically. Superannuation is held by the fund's trustee and is paid under the fund's rules and any binding death benefit nomination. It only forms part of your estate where it is directed to your legal personal representative. Benefits can go only to your estate or a dependant, and tax turns on whether the recipient is a tax dependant, which is why a superannuation proceeds trust is often used. In a self managed fund, the surviving trustee can control who is paid, as Ioppolo & Hesford v Conti [2013] WASC 389 shows.
Who should I appoint as my executor?
An executor administers your estate and is a trustee of its assets. Appointing a beneficiary is usually the best choice, and naming a substitute keeps the role from falling vacant and avoids an application for letters of administration. Commission has to be authorised by the will, the court, or the beneficiaries, and a payment clause only works if you gave written informed consent before signing (section 65B of the Administration and Probate Act 1958 and section 49A of the Wills Act 1997). Where a solicitor is named, conduct rules require written disclosure to you first.
Can I appoint a guardian for my children in my will?
You can nominate a guardian for minor children, and it is an important step, but the appointment is not binding on a court, which decides on the child's best interests. A surviving parent keeps guardianship and a testamentary guardian acts jointly with them. A will that appoints a guardian should also provide for the children's maintenance and education, usually through a trust.
What happens if a gift in my will cannot be made?
Gifts can fail in ways people do not expect. A beneficiary who does not survive you by the statutory period is treated as having died first (section 39), though gifts to your own children or other descendants are protected (sections 43 to 45). If you no longer own specific gifted property at death, the gift is adeemed and the beneficiary receives nothing (see Re Foord [2019] VSC 444). Careful drafting of substitution, accrual and the residue is what stops part of an estate falling into intestacy.
How much does a will cost, and do I have to come in?
A fixed fee, quoted before any work begins, with the price depending on how complex your estate and wishes are. Everything can be handled online and by phone, though our Richmond office is a short trip from Hawthorn if you would rather meet in person.

Wills & estates at CMK Legal

Related estate planning.

WillsWills & estatesPowers of attorneyTestamentary trustsProbateSuperannuation death benefitsDying without a willEstate disputes

Wills across inner Melbourne.

We prepare wills for people across the inner north and east. Other suburbs we work in regularly:

RichmondEast MelbourneCremorneBurnleyAbbotsfordHawthorn EastKewKew EastFairfieldCollingwoodFitzroyFitzroy NorthCarltonCarlton NorthPrinces HillNorth MelbourneParkvilleBrunswickBrunswick EastBrunswick WestClifton HillNorthcoteThornbury

Make your will in Hawthorn.

Start online and a CMK Legal solicitor drafts your will, or call and we will point you the right way the same business day.

Start your will (03) 9008 7224