Wills and powers of attorney prepared by Melbourne lawyers, starting with your instructions online.
A will says who receives what you own, who looks after it, and who would care for your children. When it’s drafted well, it does its job quietly. When it’s unclear, out of date or not signed properly, it can cause the very arguments it was meant to prevent.
Hendersons Legal has prepared wills and powers of attorney for clients across Victoria since 2001. You give us your instructions online, we explain your options in plain language, and we draft documents that say exactly what you mean. This page is part of our wills and estates practice.
What you get
- A plain-English draft to read before anything is signed
- Your will and powers of attorney prepared together, so they fit
- Advice on super, jointly owned property and family trusts
- A quote before we start
We can also keep your original will in safe storage.
What your will covers
Your will controls what happens to your estate after you die. When we prepare one, we work through each of these with you:
- Executors. Who will carry out your wishes, with a back-up in case they can’t act.
- Beneficiaries. Who receives what, including specific gifts, and what happens if someone dies before you.
- Guardians. Who you’d want to care for any children under 18.
- Property. How each property is held. A share owned as joint tenants passes to the other owner, not under your will.
- Superannuation. Super is paid under your fund’s rules and any nomination you’ve made, so we check it points the same way as your will.
- Testamentary trusts. A trust set up by your will to protect assets for children or a beneficiary who needs looking after.
- Family and business. Blended families, business interests, family trusts and self-managed super funds.
Already have a will? We can review it, explain how it works today and update it, including a will another firm prepared.
What makes a will valid in Victoria
Under the Wills Act 1997, a will is only valid if:
- It’s in writing.
- It’s signed by you, or by someone else in your presence and at your direction.
- You sign it, or acknowledge your signature, in front of two witnesses who are present at the same time.
- At least two of those witnesses sign it in your presence.
You need to be 18 or over, unless the Supreme Court authorises a will for someone younger. A will can also be signed and witnessed by video link, but only under a strict procedure that uses a special witness, on the same day and within Victoria.
Home-made and online wills often fall down on one of these steps, and the problem usually only comes to light after death. The Supreme Court can sometimes accept a will that wasn’t signed properly, but that means an application, cost and delay for your family.
Powers of attorney and medical decisions
A will only takes effect after you die. These documents deal with what happens if you’re alive but can’t make decisions, for example after a serious accident or illness. We recommend putting them in place with your will so the whole picture is consistent.
If nothing is in place, your family may need to apply to VCAT for a guardianship or administration order before they can deal with your affairs. For medical treatment, the law picks someone from a set order: a guardian appointed by VCAT, then your spouse or partner, then your primary carer, then your adult children, parents or adult siblings.
Enduring power of attorney
Appoints someone you trust to make financial decisions, personal decisions, or both. It keeps working if you lose capacity, which is the whole point of it.
Supportive attorney
Lets someone help you make and carry out your own decisions, without making them for you. It doesn’t cover medical treatment.
Medical treatment decision maker
Appoints the person who decides about your medical treatment if you can’t. You can also make an advance care directive with your instructions, or your values and preferences.
Will Instructions Checklist
Start with the checklist
Our online Will Instructions Checklist opens a file with our wills and estates team. Fill in what you know, upload any documents at the end, and we’ll take it from there.
- Your answers go straight into our practice management system rather than an email inbox.
- Leave anything blank if you’re not sure. We’ll go through it with you.
- Upload your current will, rates notices and super statements at the end.
What happens next
- We send you a secure link to verify your identity online through InfoTrack. You’ll need your passport or driver licence.
- We go through your answers with you and confirm our costs.
- Once you’ve accepted our costs agreement, we draft your will and send it to you to read before it’s signed.
Rather talk it through first? Call us on (03) 9629 2211.
When your will stops saying what you think
Marriage
Getting married revokes an existing will in Victoria, unless the will was made in contemplation of that marriage.
Divorce
Divorce cancels gifts to your former spouse and their appointment as executor. Separation on its own doesn’t, so a separated spouse can still benefit under an old will.
New people and new assets
A new child or grandchild, a death in the family, or buying or selling a major asset can all leave gaps. Even without a change, it’s sensible to review your will every few years.
Family provision claims
Some people, such as a spouse, partner or child, can apply to the court for more provision from an estate. Claims generally have to be made within 6 months of the grant of probate. Planning for this now can make a dispute less likely. See estate disputes.
Frequently asked questions
It depends on how complex your situation is. A straightforward will is usually a fixed and modest cost, while a will with a testamentary trust or a blended family takes more work. We give you a clear estimate before we begin, and we can quote for your will and powers of attorney together. Call us on (03) 9629 2211 for a quote.
It must be in writing and signed by you, or by someone else at your direction and in your presence, in front of two witnesses who are present at the same time. At least two witnesses then sign it in your presence. You generally need to be 18 or over.
You are said to have died intestate, and your estate is shared according to a fixed formula in Victorian law rather than your wishes. A family member also has to apply to the Supreme Court for letters of administration before the estate can be dealt with. You can read more on our probate and letters of administration page.
Review it after any big change, such as marriage, separation or divorce, a new child or grandchild, buying or selling a significant asset, or the death of a beneficiary or executor. Even without a change, look over it every few years.
An enduring power of attorney covers financial and personal (lifestyle) decisions. A medical treatment decision maker covers decisions about your medical treatment. They’re separate appointments, and we usually recommend putting both in place with your will.
You can give us your instructions online through our Will Instructions Checklist. The will itself still has to be signed and witnessed properly. Victorian law allows witnessing by video link under a special procedure, and we’ll tell you how to sign yours when it’s ready.
Yes. We’re glad to review a will drafted elsewhere, explain how it currently works, and update it so it reflects what you want now.
This page is general information about Victorian law as at October 2026, not legal advice. Every family is different, so get in touch about yours.