Wills in Victoria – Where to Start

Young family with newborn baby and toddler at home, a reminder to write a Will and protect your family's future

Making a Will is one of the most important steps you can take to protect the people and things that matter to you. Knowing where to begin can feel overwhelming, and that’s where we can help.

This article brings together helpful State Trustees Victoria resources to explain what a Will is, why it matters, and the key things to consider, including:

 

On this page

 

  • Understanding Wills and why they matter
  • Getting ready to make a Will
  • Your options for making a Will
  • Key decisions you’ll need to make
  • Life situations to consider
  • After a Will is made

 

You can explore each section based on your situation and take the next step when you’re ready.

Not sure what your next step should be?

You can learn more about your options or speak with our team for guidance.

Understanding Wills and why they matter

A Will sets out how your assets are distributed after your death and is a key part of estate planning in Victoria. It also allows you to appoint someone you trust to manage your estate.

Without a valid Will, your estate is distributed according to Victorian law, which may not reflect your wishes.

Explore more:

  • What happens if someone dies without a Will – learn what happens if someone dies without a Will, including how assets, dependents and estates are managed.
  • 7 reasons you need a Will – from making sure your wishes are followed through to keeping the process as efficient as possible, this article details compelling reasons for you to make a Will.

Getting ready to make a Will

Before making a Will, it’s important to think about your personal circumstances, who you want to include, and the decisions you’ll need to make. Understanding common mistakes can also help you avoid issues later on.

Explore more:

  • Top 10 things to think about when writing a Will – from considering your children and other dependents to protecting your assets and giving to important charities, this list provides plenty of food for thought to get you started.
  • 8 common mistakes when making a Will – discover common mistakes people make when creating a Will and how to avoid them. We look at some errors, including failure to communicate, to not thinking through all your assets.

Your options for making a Will

There are different ways to make a Will in Victoria, depending on your needs. Some people choose to prepare a Will online, while others prefer professional support. It’s important to ensure your Will is legally valid and reflects your intentions.

Explore more:

  • Free will writing guide – this link enables you to download a free and comprehensive online guide from State Trustees Victoria on how to write a Will.
  • Preparing a Will online – this article includes a free video detailing everything to consider when making an online Will.
  • Are online Wills legally valid – there are legally valid and invalid online Wills, and the distinction lies in the preparation. This article explains how to get things right for peace of mind.
  • Will appointment process in Victoria – we share an online video with State Trustees’ Wills Manager, who explains the whole appointment process in simple, easy-to-understand terms.

 

Key decisions you’ll need to make

When creating a Will, there are several important decisions to consider. These include choosing an executor, deciding who will benefit from your estate, and outlining any specific gifts.

Taking the time to understand these roles can help ensure your Will is clear and effective.

Explore more:

Life situations to consider

Your personal circumstances can affect how your Will is structured. It’s prudent to consider how life changes may impact your decisions.

Explore more:

  • Wills after divorce – if your former spouse is included in your Will, those parts are usually no longer valid after a divorce. It’s important to review and update your Will to make sure it still reflects your wishes – find out how here.
  • Wills for singles without children – even if you don’t have children, having a Will is still important. We explain why.
  • Pets and Wills – if your pet is more like a fur child, then you want to ensure they’re cared for after you die. We take you through what you need to do.

After a Will is made

After a Will is made, there are still important steps to consider. Knowing where to store your Will, how it can be updated, and what may happen if it is challenged can help ensure your wishes are carried out as intended. Discover what to do once your Will is in place and how to manage it over time.

Explore more:

  • Where to store your will – you’ve written your will, now you need to keep it safe and secure. We explain how.
  • How to challenge a will – If you believe a Will has not adequately provided for you, there are steps you may be able to take. Learn about your options and what to consider before making a claim.
  • How a will can be revoked – life goes on, and changes happen. So how do you ensure your wishes are up-to-date and a will is no longer redundant? We explain all.

How State Trustees Victoria can help with your Will

Making a Will can feel complex, especially if you’re unsure where to start or have specific circumstances to consider. Getting the right support can help ensure your Will is legally valid and reflects your wishes.

State Trustees Victoria has been supporting Victorians with Wills and estate planning for many years. Our experienced team can guide you through the process, explain your options in plain language, and help you make informed decisions.

When it comes to making a Will, our experts can assist with:

  • Preparing a legally valid Will
  • Explaining your options and responsibilities
  • Helping you choose an executor
  • Making sure your wishes are clearly documented

If you would like support, you can explore your options or speak with our team.

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Original artwork ‘Four Sisters Coming Together’ by Melissa Bell 2023