A clearly drafted will and the right attorney documents give you and your family peace of mind, now and later.
Making a will is one of the most useful things you can do for the people you care about. It sets out who should receive your assets, who should carry out your wishes, and how your affairs should be handled. When it is drafted well, it does its job quietly and without argument. When it is unclear, out of date or invalid, it can cause the very disputes it was meant to prevent.
Hendersons Legal has been preparing wills and powers of attorney for clients across Victoria since 2001. We take the time to understand your situation, explain your options in plain language, and prepare documents that say exactly what you intend. This page is part of our wider wills and estate lawyers Melbourne practice.
Why a Professionally Drafted Will Matters
A will has to meet certain legal requirements to be valid. It must be in writing, signed by you, and witnessed correctly. It also needs to be clear enough that your executor and your family understand what you meant. Home-made and online wills often fall down on one of these points, and the problem usually only comes to light after the person has died, when it is too late to fix.
We draft your will so that your intentions are documented fully and clearly. That reduces the chance of confusion, of assets being missed, and of a dispute over what you actually wanted. Where your situation is more involved, we advise on the options that suit you, which might include a testamentary trust to protect assets for children or a beneficiary who needs looking after, or careful planning where you have a blended family or a business.
What We Cover When We Prepare Your Will
We take detailed instructions about your assets and your wishes, and we have the experience to deal with the issues that come up along the way. That includes identifying all of your assets and beneficiaries properly, dealing with jointly owned property and superannuation, which do not always pass under a will in the way people expect, and choosing an executor who is right for the job. We explain how each decision works before you make it, so the finished will reflects what you actually want.
If you already have a will, it is worth reviewing it after any major life change, such as a marriage, separation or divorce, a new child or grandchild, the purchase or sale of a significant asset, or the death of a beneficiary or executor. Marriage and divorce can affect a will automatically in ways many people are not aware of. We can review your existing will and update it so it keeps pace with your life.
Powers of Attorney
A will only takes effect after you die. Powers of attorney deal with what happens if you are alive but unable to make decisions for yourself, for example after a serious illness or accident. When we prepare a will, we recommend putting the full set of attorney documents in place at the same time, so the whole picture is consistent.
Enduring power of attorney (financial and personal)
This lets you appoint someone you trust to make financial decisions, such as banking, paying bills and dealing with property, and personal decisions, such as where you live and the support you receive. Because it is “enduring”, it continues to operate if you lose capacity.
Medical treatment decision maker
This appoints the person who can make medical treatment decisions on your behalf if you are not able to. You can also record your preferences and values to guide them.
Having these documents in place means that, in an emergency, decisions about your care, health and finances can be made legally and without delay. Without them, your family may have to apply to VCAT to be appointed, which takes time and adds stress at an already difficult moment.
Areas of Expertise
- Preparation of new wills, from simple wills to more complex arrangements
- Reviewing and updating existing wills
- Testamentary trusts for children, vulnerable beneficiaries and asset protection
- Wills involving blended families, business interests and self-managed super funds
- Enduring powers of attorney (financial and personal)
- Appointment of medical treatment decision makers
- Advice on how superannuation and jointly owned assets pass on death
- Safe storage of your will and attorney documents
Why Choose Hendersons Legal
You work with experienced lawyers who prepare these documents regularly, not a template. We are based in Melbourne’s CBD and act across Victoria, we quote our fees before we start, and we are happy to meet in person, by Zoom or by phone. If your circumstances later lead to an estate being administered or a dispute, the same firm can help through our probate and letters of administration and estate disputes services.
Frequently Asked Questions
How much does a will cost in Melbourne?
It depends on how complex your situation is. A straightforward will is usually a fixed and modest cost, while a will involving a testamentary trust or a blended family takes more work. We give you a clear estimate before we begin. Many clients have their will and powers of attorney prepared together, and we will quote for the full set. Call us on (03) 9629 2211 for a quote.
What happens if I die without a will?
You are said to have died “intestate”, and your estate is distributed according to a fixed formula set out in Victorian law rather than according to your wishes. A family member also has to apply to the court for letters of administration before the estate can be dealt with. You can read more on our probate and letters of administration page.
How often should I update my will?
Review it after any major change in your life, such as marriage, separation, divorce, a new child or grandchild, buying or selling a significant asset, or the death of a beneficiary or executor. Even without a specific change, it is sensible to look over your will every few years.
What is the difference between an enduring power of attorney and a medical treatment decision maker?
An enduring power of attorney covers financial and personal (lifestyle) decisions. A medical treatment decision maker covers decisions about your medical treatment. They are separate appointments, and we usually recommend putting both in place alongside your will.
Can you update a will you did not prepare?
Yes. We are glad to review a will drafted elsewhere, explain how it currently operates, and update it so it reflects your present wishes.
How It Works
Getting started is simple. Contact us by phone or complete our online enquiry form with a few details. We will arrange a meeting, take your instructions, prepare your documents for you to review, and see them properly signed and witnessed.
Speak to a Wills Lawyer Today
If you would like to make a will, update an existing one, or put powers of attorney in place, we would be glad to help. Call Hendersons Legal on (03) 9629 2211 or complete our online enquiry form to speak with an experienced wills lawyer in Melbourne.
