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Wills and Testament, in Melbourne, Australia, are legal documents that specify how the property and possessions of a person should be distributed upon their death. These documents can also cover details concerning guardianship for minor children, instructions for personal wishes including funeral arrangements, and directives for the person’s choice for executing the will. In Victoria, where Melbourne is located, the Wills Act 1997 regulates this area of law for the protection of both the will-maker and the beneficiaries.
Contrary to popular belief, creating a Will & Testament is not a simple task and should not be taken lightly. Though it's possible to write your own will, hiring a lawyer can ensure everything is legal and all important details are covered. Some common situations where people may require legal help include: complex distribution of assets, presence of overseas properties, tax planning purposes, or you wish to disinherit someone. A lawyer can provide expert guidance ensuring your instructions will be carried out as you intend. It’s especially important for individuals with large estates or complex family relationships to get professional advice.
In Melbourne, according to the Wills Act 1997, for a Will & Testament to be legally valid, the will-maker must be 18 years or older and of sound mind. The will must be written and signed by the will-maker in the presence of two or more witnesses, also over 18, who are not beneficiaries. The Act also provides for what happens when a beneficiary or a witness predeceases the will-maker, among other situations. Your will is still valid if you marry or enter a domestic relationship after its creation, but it would be revoked if you divorce or end a domestic relationship unless the will stipulates otherwise.
1. What happens if I die without a Will?
If you die without a will, you die "intestate". Your estate will then be distributed according to a legal formula, not necessarily as per your wishes.
2. Can I change my Will after it's made?
Yes, you can change your will at any time as long as you're mentally capable of understanding the changes you're making.
3. Is a DIY Will Kit legally binding?
While a DIY Will kit may be technically legal, it may also lead to confusion, disputes and legal fees if not prepared correctly.
4. Does marriage or divorce affect my Will?
Yes, marriage generally revokes a will unless the will was made in contemplation of the marriage. Divorce doesn't invalidate the whole will, but it revokes any beneficial gifts to your former spouse.
5. Can I leave my Superannuation in my Will?
Superannuation isn't automatically part of your estate, so you can't distribute it via your Will unless you’ve made a valid binding nomination for your superannuation to be paid to your estate.
The Law Institute of Victoria and Victoria Legal Aid provide valuable resources on Will & Testament law. The Supreme Court of Victoria can also provide guidance on the probate process, and the Victorian Civil and Administrative Tribunal can help with issues related to administering an estate.
If you need legal assistance with preparing or amending a Will & Testament, or dealing with an estate, seek help from a solicitor who specializes in wills and estates. It's recommended to have an initial consultation to discuss your circumstances and understand the likely costs. Also consider discussing your plans with those affected to limit potential disputes.
