TOP 10LAWYERS

Top 10 Wills and Estate Planning Lawyers in Melbourne

Ten Melbourne wills and estates firms, with what each one suits, who the accredited specialists are, and the Victorian rules on wills, probate and will disputes.

Google ratings checked 23 October 2026 Updated 23 October 2026

No firm pays for its place on this list. How we compile this list

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Grouped by what each firm publishes about its own work. Most firms on this list handle all common estate planning law matters.

The Top 10 Wills and Estate Planning Lawyers in Melbourne

Ten estate planning law firms in Melbourne, with their experience, accredited specialists, Google ratings and what each one suits.

Hicks Oakley Chessell Williams Lawyers

Bourke Street, Melbourne CBD, plus Mount WaverleyFull service firm

4.7

39 Google reviews

Checked 23 October 2026

Best for Executors of complicated estates and families facing a will dispute

  • The firm says it was established in 1961 and now looks after clients of nine former firms it has absorbed.
  • Lachlan Vallance is an LIV accredited specialist in wills and estates, and the firm says the Supreme Court appoints him as an independent administrator of complex estates and trusts.
  • The firm's site says Doyle's Guide ranked Vallance preeminent for Victorian wills and estates litigation in 2026.

Accredited wills and estates law specialist (1)Lachlan Vallance

First consultation
Enquire by phone or online form. The site doesn't publish first consultation terms.
Office
Level 18, 461 Bourke Street, Melbourne VIC 3000
Full profile: lawyers, services and sources

About the firm

Hicks Oakley Chessell Williams, known as HOCW, has been practising since 1961 and runs offices on Bourke Street in the CBD and at Mount Waverley. Its Wills and Estates group is led by director Lachlan Vallance, an accredited specialist who, the firm says, is appointed by the Supreme Court as an independent administrator of complex estates. The team is deep, with four principal lawyers, special counsel and its own probate clerks. It covers wills and powers of attorney, probate, estate and trust disputes, VCAT administration and elder law. It suits executors of complicated estates and families in the eastern suburbs.

Established in 1961

Also worth knowing

  • The wills and estates team lists four principal lawyers, special counsel, senior associates and four probate clerks.

Lawyers

  • Lachlan Vallance, Director and Principal Lawyer, Wills & Estates Accredited wills and estates law specialist
  • Deborah Kliger, Principal Lawyer
  • Kylie Sharp, Principal Lawyer
  • Tanya Briffa, Principal Lawyer
  • Todd Terzioski, Special Counsel
  • Samantha Bernhard, Senior Associate
  • Caitlin Coyne, Senior Associate
  • Laura Poncini, Associate
  • Joshua Levenda-Freeman, Associate

Areas of estate planning law handled

  • Wills and testamentary trusts
  • Enduring powers of attorney and medical treatment decision makers
  • Estate and business succession planning
  • Probate and letters of administration
  • Estate administration for executors
  • Family provision claims, for claimants and estates
  • Will validity disputes
  • Executor conduct and removal
  • Trust and superannuation death benefit disputes
  • VCAT guardianship and administration
  • Elder law
  • Professional executor and administrator appointments

Office

Level 18, 461 Bourke Street, Melbourne VIC 3000

Other details

Other offices
Mount Waverley (Central 1, Level 2, Suite 17, 1 Ricketts Road), 03 9550 4600

Sources

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Moores

Burwood Road, HawthornFull service firm

3.6

31 Google reviews

Checked 23 October 2026

Best for Families with trusts, super funds or blended family arrangements

  • Practice leader Jennifer Dixon is an LIV accredited specialist in wills and estates, according to the firm.
  • Jennifer Dixon's profile says Doyle's Guide has ranked her preeminent for Victorian wills, estates and succession planning every year from 2017 to 2026.
  • Moores says it has been ranked first tier in Victoria for both estate planning and estate litigation in Doyle's Guide.

Accredited wills and estates law specialist (1)Jennifer Dixon

First consultation
First meeting to understand the client's situation, then a personalised proposal with a fixed fee quoted before work starts. The firm says it doesn't charge for each call, email or meeting during that stage.
Office
Level 1, 5 Burwood Road, Hawthorn VIC 3122
Full profile: lawyers, services and sources

About the firm

Moores is a Hawthorn firm with what it calls one of the largest specialist estate planning teams in Australia. Practice leader Jennifer Dixon is an accredited specialist in wills and estates, according to the firm. It handles wills, testamentary and special disability trusts, SMSF succession, estate administration and contested estates. The firm says Doyle's Guide has ranked it first tier in Victoria for both estate planning and estate litigation. It suits families with trusts, super funds or blended family issues. It quotes a fixed fee after a first meeting.

Also worth knowing

  • Clients get a fixed fee proposal before work begins, according to the firm.

Lawyers

  • Jennifer Dixon, Practice Leader, Private Clients Accredited wills and estates law specialist
  • Rowdy Johnson, Practice Leader
  • James Dimond, Practice Leader
  • Lachlan McKenzie, Practice Leader, estate disputes
  • Luke Haley, Special Counsel
  • Max Ezerins, Special Counsel
  • Erika Reese, Special Counsel
  • Catherine Iliadis, Senior Lawyer

Areas of estate planning law handled

  • Wills and life interests
  • Testamentary trusts
  • Protective and special disability trusts
  • Powers of attorney
  • SMSF succession, binding nominations and pensions
  • Asset protection and family structuring
  • Business succession and shareholder agreements
  • Estate administration
  • Family provision claims
  • Will validity and capacity challenges
  • Executor removal and accounting
  • Elder financial abuse

Office

Level 1, 5 Burwood Road, Hawthorn VIC 3122

Sources

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KHQ Lawyers

Bourke Street, Melbourne CBDFull service firm

4.6

33 Google reviews

Checked 23 October 2026

Best for Families with business or trust assets, and parties to a contested estate

  • Ines Kallweit is an LIV accredited specialist in wills and estates, a nationally accredited mediator and a notary public, according to her profile.
  • The firm says Doyle's Guide has ranked KHQ first tier in Victoria for estate planning since 2023 and for estate litigation since 2024.
  • Three other team members, Rachael Hocking, Oliver LaCaze and Kim Nguyen, are also listed in Doyle's Guide on the firm's recognition page.

Accredited wills and estates law specialist (1)Ines Kallweit

First consultation
Contact the firm through its enquiry form or main line. The site doesn't publish first consultation terms.
Office
Level 4, 600 Bourke Street, Melbourne VIC 3000
Full profile: lawyers, services and sources

About the firm

KHQ Lawyers is a mid sized CBD firm on Bourke Street with a private wealth practice that takes in wills and estates, tax and family law. Its Wills and Estates team is led by principal Ines Kallweit, an accredited specialist, notary public and nationally accredited mediator who speaks German. The firm says Doyle's Guide lists her as preeminent in Victoria for estate litigation and estate planning, and ranks KHQ first tier in both. Rachael Hocking and Oliver LaCaze are also ranked. It suits families with business or trust assets and contested estates.

Also worth knowing

  • Kallweit handles VCAT guardianship and administration matters as well as estate litigation.

Lawyers

Roles for Hocking, LaCaze and Nguyen are taken from the firm's recognition page, which doesn't give titles.

  • Ines Kallweit, Principal and Notary Public, Wills & Estates Accredited wills and estates law specialist
  • Rachael Hocking, Wills & Estates lawyer
  • Oliver LaCaze, Estates litigation lawyer
  • Kim Nguyen, Wills & Estates lawyer
  • Jack Stuk, Principal, tax and succession planning

Areas of estate planning law handled

  • Wills and estate planning
  • Enduring powers of attorney
  • Succession planning and family agreements
  • Superannuation and estate structuring
  • Probate and estate administration
  • Estate litigation
  • Family provision claims
  • VCAT guardianship and administration
  • Mediation of wills and estates disputes
  • Notarial services

Office

Level 4, 600 Bourke Street, Melbourne VIC 3000

Other details

Languages
German (Ines Kallweit)

Sources

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Aitken Partners

William Street, Melbourne CBD, plus BrisbaneFull service firm

4.6

106 Google reviews

Checked 23 October 2026

Best for Families with layered assets and executors facing a contested estate

  • The firm's history page says it began trading as Aitken Walker & Strachan on 1 December 1923.
  • Lizia Lim has held LIV accreditation in wills and estates since 2014, according to her profile.
  • The firm's Wills & Estates page lists eight lawyers, including two principals, special counsel and a consultant.

Accredited wills and estates law specialist (1)Lizia Lim

First consultation
Confidential initial consultation booked through the online form or by phone. Online meetings across Melbourne, in person within about 15 minutes of the CBD.
Office
Level 28, 140 William Street, Melbourne VIC 3000
Full profile: lawyers, services and sources

About the firm

Aitken Partners is a full service firm on William Street that traces its roots to 1923, when Philip Aitken set up Aitken Walker & Strachan. Its Wills and Estates group is a large CBD team, led by principals Lizia Lim and Susan Bonnici, with consultant Robert Davey, a grandson of the founder. Lim is an accredited specialist in wills and estates. The team covers estate planning through to probate, contested estates and VCAT guardianship work. It suits families with layered assets and executors facing a dispute. The firm describes first consultations as confidential.

Founded in 1923

Also worth knowing

  • The team handles VCAT guardianship and administration applications as well as estate disputes.

Lawyers

  • Lizia Lim, Principal Accredited wills and estates law specialist
  • Susan Bonnici, Principal Lawyer
  • Carl Wilson, Special Counsel
  • Robert Davey, Consultant
  • Tracey Bannister, Senior Associate
  • Lauraine Nguyen, Senior Associate
  • Gayathri Perera, Lawyer
  • Iris Pan, Lawyer

Areas of estate planning law handled

  • Wills and estate planning
  • Enduring powers of attorney and advance care directives
  • Medical treatment decision maker appointments
  • Testamentary trusts and family trust reviews
  • Superannuation binding death benefit nominations
  • Business and family succession planning
  • Probate and letters of administration
  • Executor and administrator support
  • Family provision claims and will challenges
  • VCAT guardianship and administration
  • Digital asset planning

Office

Level 28, 140 William Street, Melbourne VIC 3000

Other details

Other offices
Brisbane (Level 1, 10 Eagle Street)

Sources

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Danaher Moulton

Collins Street, Melbourne CBD, plus KewCommercial and private client firm

5.0

1 Google reviews

Checked 23 October 2026

Best for Business owners and families who need trusts and super built into their wills

  • Naomi Guyett has held LIV accreditation in wills and estates since 2006, according to her profile.
  • She sat on the LIV Specialisation Board from 2009 to 2022.
  • Fellow partner Bianca Apollonio and special counsel Clare Sunderland work alongside her.

Accredited wills and estates law specialist (1)Naomi Guyett

First consultation
Start through the firm's online estate planning form or by phone. The site doesn't publish first consultation terms.
Full profile: lawyers, services and sources

About the firm

Danaher Moulton is a boutique commercial and private client firm with offices on Collins Street and in Kew. Its Wills and Estates team is led by partner Naomi Guyett, an accredited specialist who, according to her profile, has practised only in wills and estates for more than 25 years and sat on the Law Institute's specialisation board. Fellow partner Bianca Apollonio and special counsel Clare Sunderland work alongside her. The firm says partners are involved in every matter. It suits business owners and families who need trusts, super nominations and asset protection built into their wills. Clients start online.

Also worth knowing

  • The firm lists six lawyers in wills and estates, including two partners and a special counsel.

Lawyers

  • Naomi Guyett, Partner, head of Wills and Estates Accredited wills and estates law specialist
  • Bianca Apollonio, Partner, Wills and Estates
  • Dennis Danaher, Partner, Private Clients
  • Clare Sunderland, Special Counsel, Wills & Estates
  • Tom Reilly, Senior Associate, Wills & Estates
  • Rachel Fletcher, Associate, Wills and Estates
  • Sarah Slattery, Associate, Wills and Estates

Areas of estate planning law handled

  • Wills
  • Testamentary trusts
  • Protective and special disability trusts
  • Powers of attorney
  • Medical treatment decision maker appointments
  • Superannuation binding nominations and pensions
  • Life insurance ownership advice
  • Asset protection
  • Deceased estates
  • Challenges to wills and estates

Other details

Other offices
Kew (Level 1, 276 High Street)

Sources

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KCL Law

Lonsdale Street, Melbourne CBDFull service firm

4.2

55 Google reviews

Checked 23 October 2026

Best for Business owners planning succession and executors running an estate

  • The firm says it has served Melbourne since 1981.
  • Sam Frey's profile says he has more than 28 years in estate planning, administration, trusts and estate disputes.
  • According to his profile, Doyle's Guide has rated him a leading Victorian wills, estates and succession planning lawyer in most years since 2017.
First consultation
Contact the firm by phone or email. The site doesn't publish first consultation terms.
Office
Level 4, 555 Lonsdale Street, Melbourne VIC 3000
Full profile: lawyers, services and sources

About the firm

KCL Law has been practising in Melbourne since 1981 and works from Lonsdale Street in the CBD. Its Estate Group is led by principal Sam Frey, who has more than 28 years in estate planning, trusts and estate disputes and, according to his profile, has been rated a leading Victorian estate planning lawyer by Doyle's Guide most years since 2017. Principal Paul Beasant and a bench of senior associates sit alongside him, with a dedicated estate administration service. The group drafts wills, testamentary trusts, cross border wills and powers of attorney, and runs will challenges. It suits business owners and executors.

Practising since 1981

Also worth knowing

  • The Estate Group lists two principals, four senior associates and a head of estate administration.

Lawyers

The site doesn't list an accredited specialist in the Estate Group.

  • Sam Frey, Principal Lawyer, head of the Estate Group
  • Paul Beasant, Principal Lawyer
  • Ainsley Atkins, Senior Associate
  • Joel Benjamin, Senior Associate
  • Lisa George, Senior Associate
  • Ainsleigh Lugger, Senior Associate, estate planning
  • Matilda Martinez, Lawyer, head of Estate Administration
  • Alice Land, Associate

Areas of estate planning law handled

  • Wills and testamentary trust wills
  • Cross border wills
  • Enduring powers of attorney
  • Business succession and buy sell agreements
  • Superannuation and life insurance planning
  • Trust reviews and variations
  • Probate and estate administration
  • Starting and defending will challenges
  • Removal of executors or administrators
  • Judicial advice applications in the Supreme Court

Office

Level 4, 555 Lonsdale Street, Melbourne VIC 3000

Sources

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Nathan Yii Lawyers

Queen Street, Melbourne CBDPrivate wealth and estates firm

5.0

3 Google reviews

Checked 23 October 2026

Best for High net worth families and business owners with trusts, companies and SMSFs

  • Nathan Yii is a chartered tax adviser, a STEP trust and estate practitioner and an SMSF specialist adviser, according to his profile.
  • His profile shows Doyle's Guide rating him preeminent for Victorian wills and estates every year from 2020 to 2026.
  • The firm handles statutory will, executor removal and will rectification applications as well as probate.
First consultation
Complete a client profile form and bring documents to the first meeting. The firm gives a costs disclosure after that meeting.
Office
Level 1, 34 Queen Street, Melbourne VIC 3000
Full profile: lawyers, services and sources

About the firm

Nathan Yii Lawyers is a small private wealth practice on Queen Street in the CBD. According to his profile, principal Nathan Yii is a chartered tax adviser, STEP trust and estate practitioner and SMSF specialist adviser, and Doyle's Guide has rated him preeminent for wills and estates in Victoria every year since 2020. The work runs from wills and testamentary trusts to SMSF succession, family offices, probate and estate disputes, including statutory will and executor removal applications. It suits wealthy families with complex structures. Clients fill in a profile form before the first meeting, with costs disclosed after it.

Also worth knowing

  • He is an adjunct lecturer in the College of Law's Master of Laws program.

Lawyers

A small team of two lawyers. Nathan Yii's credentials are STEP and tax accreditations, not an LIV specialist accreditation.

  • Nathan Yii, Principal Lawyer
  • Keturah Phelps, Lawyer

Areas of estate planning law handled

  • Wills and testamentary trusts
  • Powers of attorney and advance health directives
  • Superannuation death benefit nominations
  • Trust, company and SMSF succession
  • Business succession and co-ownership agreements
  • Family offices and family constitutions
  • Probate and letters of administration
  • Tax planning in estate administration
  • Deeds of family arrangement
  • Family provision claims
  • Executor removal and accounting applications
  • Statutory wills and will rectification

Office

Level 1, 34 Queen Street, Melbourne VIC 3000

Sources

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Maurice Blackburn

La Trobe Street, Melbourne CBDPlaintiff law firm (injury, class actions, will disputes)

4.6

498 Google reviews

Checked 23 October 2026

Best for People who want to contest a will or challenge whether it is valid

  • The firm was founded in Melbourne in 1919 by Maurice Blackburn.
  • Its Melbourne wills and estates work is mainly contested wills, including family provision claims and validity challenges.
  • Paul Kheissy is a Senior Associate and State Litigation Leader in wills and estates, according to his profile.
First consultation
Contact the Melbourne office by phone or online. The firm says it can run will disputes on a no win, no fee basis where it thinks the case is reasonably likely to succeed, and that disbursements are generally payable whether you win or lose.
Office
Level 21, 380 La Trobe Street, Melbourne VIC 3000
Full profile: lawyers, services and sources

About the firm

Maurice Blackburn is the plaintiff firm founded in Melbourne in 1919, better known for injury claims and class actions. Its Melbourne wills and estates practice works mostly on contested wills, both family provision claims and challenges to whether a will is valid. Senior Associate Paul Kheissy leads that work as the firm's state litigation leader in wills and estates. The team also handles probate and estate administration, and the firm offers online wills. It suits people thinking about contesting a will who want a large firm behind them.

Founded in 1919

Also worth knowing

  • The firm lists wills and estates among the areas where it may offer no win, no fee.

Lawyers

The site doesn't show an accredited wills and estates specialist in the Melbourne team.

  • Paul Kheissy, Senior Associate, State Litigation Leader, Wills and Estates

Areas of estate planning law handled

  • Contesting a will
  • Family provision claims
  • Will validity challenges
  • Probate and letters of administration
  • Estate administration
  • Online wills

Office

Level 21, 380 La Trobe Street, Melbourne VIC 3000

Sources

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Firm details come from each firm's own website. Google ratings are shown as published on Google and don't set the order. Spotted something out of date? Tell us.

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How we compiled this list

We include firms with a Melbourne office whose own websites show real wills and estates work: wills, powers of attorney, probate, estate administration or will disputes. For each firm we read its website in October 2026 and wrote the description ourselves. We only name accredited specialists where the firm's site says the Law Institute of Victoria accredited them in wills and estates. Some firms here lean towards estate planning and others towards disputes, and we say so in the write-up. Consultation and fee terms are as the firm describes them, so confirm them when you call. We show Google ratings with the date we checked them.

No firm pays for its place on this list, and the order is our own. We write the descriptions ourselves, and firms don't get to edit them. If something here is out of date, let us know. There's more detail on how we rank law firms.

This page is general information, not legal advice. Rules are as published by the Supreme Court of Victoria, Victoria Legal Aid, the Office of the Public Advocate, the ATO and the Victorian Legal Services Board and Commissioner in October 2026. Probate Office fees, the small estate limit and the statutory legacy are as at 1 July 2026.

Making a valid will in Victoria

Anyone over 18 with capacity can make a will. Someone under 18 can only make one if they're married, are making it in contemplation of marriage, or have a court order. Capacity means you understand what a will is, roughly what you own and who might reasonably expect to be provided for.

  • Signing: the will must be in writing and signed by you, or by someone else in your presence and at your direction. The signature must be made in front of two or more witnesses who are present at the same time, and at least two of them must sign in your presence
  • Witnessing by video: under the remote procedure, one witness must be a lawyer, a Victorian justice of the peace or another prescribed person. Everything has to happen on the same day, everyone must be physically in Victoria, and that witness signs last with a statement that the procedure was followed. The Supreme Court has warned that a will that doesn't follow the procedure won't necessarily be accepted
  • Witnesses who inherit: a witness, or their spouse or partner, isn't disqualified from taking a gift under the will. Using witnesses who don't inherit still avoids questions later
  • Dates: dating the will is a good idea but isn't required
  • Capacity doubts: where a will is signed in unusual circumstances, an affidavit from a doctor experienced in capacity assessments, ideally present at the signing, can reduce the risk of a challenge
  • Storage: you can deposit your will with the Supreme Court's Probate Office. The fee is $27.60 from 1 July 2026. If a will that was last held by the person who died can't be found, the law presumes they revoked it

What a will doesn't cover. Superannuation and life insurance aren't part of your estate and don't pass under your will. With a binding nomination, the super fund must pay the eligible person you nominated. A lapsing nomination expires unless you renew it, every 3 years according to Moneysmart. Without one, the fund's trustee decides which dependants get it, or pays it to your estate. Property you own as joint tenants passes to the surviving owner, and assets in a family company or trust aren't handed out under the will, so the will has to pass control of them to the right people. You can name a guardian for your children, but the court makes the final decision.

Changing your will. A new valid will revokes the old one and should say so. Changes written on a will must be signed and witnessed like a will, and a codicil that causes confusion or contradicts the will may be invalid. Marriage cancels an existing will, apart from gifts and appointments in favour of your new spouse, unless the will was made in contemplation of that marriage. Divorce cancels gifts to your former spouse and their appointment as executor, trustee or guardian, unless you intended otherwise. Separation alone doesn't revoke a will, so a former partner still benefits until you make a new one.

Powers of attorney and medical treatment decision makers

A will only works after you die. These documents cover the time before that, if you can't make decisions for yourself.

DocumentWhat it does
Enduring power of attorneyAppoints someone to make personal decisions, financial decisions, or both. It can be limited, you choose when it starts, and it keeps working when you can no longer make decisions yourself
General (non enduring) power of attorneyLets someone act for you while you can still make your own decisions. It ends if you revoke it or lose capacity
Supportive power of attorneyAppoints someone to help you make your own decisions. It also ends if you revoke it or lose capacity
Medical treatment decision makerAppoints the person who makes medical treatment decisions for you if you can't. You can appoint more than one, but only one acts at a time
Advance care directiveAn instructional directive gives legally binding consent to, or refusal of, specific future treatment. A values directive sets out your values and preferences to guide decisions
  • Making an enduring power of attorney: you must be 18 or over with decision making capacity. You need two adult witnesses, and one must be authorised to witness affidavits or be a registered medical practitioner. A witness can't be your relative, an attorney or their relative, or your care worker or accommodation provider
  • Keeping it: enduring powers of attorney aren't registered in Victoria. Keep the original and give your attorneys certified copies. You can revoke one while you still have capacity. You sign the revocation in front of two adult witnesses, one of whom must be authorised to witness affidavits or be a doctor, and you must take reasonable steps to tell the attorney
  • Medical decisions: an attorney can't make medical treatment decisions unless you've also appointed them as your medical treatment decision maker. An advance care directive needs two adult witnesses, one a registered medical practitioner, and neither can be your medical treatment decision maker. Advance care directives and medical treatment decision maker appointments can't be witnessed remotely
  • If you haven't appointed anyone: medical decisions fall to a VCAT appointed guardian, then the first available of your spouse or domestic partner, your unpaid primary carer, an adult child, a parent or an adult sibling, who must have a close and continuing relationship with you

Without an enduring power of attorney, someone may have to ask VCAT to appoint an administrator for your finances or a guardian for personal matters. Victoria Legal Aid sends out free printed enduring power of attorney forms, and the Department of Health publishes the advance care directive and medical treatment decision maker forms.

If someone dies without a will

When a person dies without a valid will, the law decides who gets their estate. These are the basic rules for deaths on or after 1 November 2017:

  • A partner, and no children with someone else: the partner gets the whole estate. A partner can be a spouse, a domestic partner or a registered caring partner
  • A partner and a child who isn't the partner's: the partner takes the personal property and the first $591,390, for deaths from 1 July 2026. Only if the estate is worth more than that do the children share in what's left, alongside the partner
  • Children and no partner: the children share equally
  • No partner or children: parents, then brothers and sisters, then grandparents, then aunts and uncles, then cousins
  • No relatives in those groups: only then does the estate go to the government

Victoria Legal Aid says a domestic partner counts if you lived together for two years, had a child together or registered the relationship. Different rules apply where there's more than one partner. The Supreme Court has an online questionnaire to help work out who is entitled. Usually the next of kin applies for letters of administration, and they must be over 18.

Probate and letters of administration

A grant from the Supreme Court proves who has authority to collect the assets, pay the debts and hand out what's left. The court doesn't decide whether you need one. That depends on what was in the deceased's sole name and what banks and other asset holders require.

  • Probate: the executor named in a valid will proves the will
  • Letters of administration with the will annexed: there's a valid will, but no executor applies
  • Letters of administration: there's no will, or the will isn't valid

How to apply. Applications are made online through RedCrest Probate. You must publish a notice of intention to apply there at least 15 days before you apply, which costs $38. You then file an affidavit and an inventory of assets and liabilities, the will and any codicils, and a death certificate showing the cause of death. There's no deadline to apply, but if more than three years have passed since the death you must explain the delay. The grant is issued electronically. The court's published processing time is 5 to 10 working days, but it says applications are currently taking longer.

Gross value of Victorian assetsGrant application fee
Less than $250,000$0
$250,000 to less than $500,000$544.00
$500,000 to less than $1 million$1,088.00
$1 million to less than $2 million$2,538.70
$2 million to less than $3 million$5,077.40
$3 million to less than $5 million$7,598.80
$5 million to less than $7 million$12,693.40
$7 million or more$17,770.80

Supreme Court of Victoria fees from 1 July 2026 to 30 June 2027, including reseals. Executors and administrators pay the standard fee. Ask the court whether a fee waiver for financial hardship applies.

Small estates. For deaths from 1 July 2026 to 30 June 2027 the small estate limit is $137,210. The Probate Office runs an optional service for simple applications by the named executor or, where there's no will, the next of kin. It costs $323 in all, made up of the $38 notice and a $285 service fee. It isn't available in some cases, such as where the original will is missing. The office's role ends when the grant issues, and it can't advise on running the estate or on disputes. The Probate Office is open 9.30am to 4pm on weekdays.

Tax. The executor may need to lodge a date of death tax return, covering 1 July to the date of death, and trust returns for the estate's income after that. The executor must allow for any tax owing before distributing the estate, or may be personally liable for it. An inherited home that was the deceased's main residence is generally free of capital gains tax if it's sold and settled within 2 years of the death.

Contesting a will in Victoria

There are two different kinds of challenge, and they have different rules.

A family provision claim, which the Supreme Court calls a testator's family maintenance claim, says the will didn't make proper provision for you. The people who can apply include:

  • the deceased's spouse or domestic partner at the time of death, or a registered caring partner
  • a child or stepchild, or someone who for a substantial period believed the deceased was their parent and was treated by them as their own child
  • a former spouse or domestic partner who could have brought proceedings under the Family Law Act at the date of death, whether or not they had started them, and can no longer do so because of the death
  • a grandchild
  • the spouse or domestic partner of the deceased's child, if that child died within one year of the deceased
  • a member of the deceased's household

Victoria Legal Aid says the court looks at the will and any reasons given, whether there was a moral duty to provide for you, whether enough was left, any disabilities of the claimant and the beneficiaries, dependency, the relationship and the effect on the other beneficiaries. A claim generally has to be made within six months of the grant of probate or letters of administration. That clock starts at the grant, not at the date of death, so get advice early.

In the Supreme Court, claims are heard in its Testators Family Maintenance List. Generally all claims are referred to mediation, and the court can refer a case to judicial mediation. For estates under $1 million, the claimant can file a position statement rather than a full affidavit. If your claim fails, you may have to pay court costs.

A validity challenge says the will itself shouldn't stand, for example because the will maker lacked capacity, it wasn't made and signed according to law, or it was made under someone else's influence. The opposite can happen too: the court can accept a document that wasn't properly signed if it's satisfied the person intended it to be their will. A caveat can be filed with the Probate Office, for a fee of $354 from 1 July 2026, and no grant can be made until it is resolved. If a family provision claim is made, the executor shouldn't distribute the estate until it's settled. Get advice on what the executor can still do in the meantime.

Fixing a mistake. The court can rectify a will that contains a clerical error or doesn't carry out the will maker's instructions. You must apply within six months of the grant, although the court can extend that if the estate hasn't been finally distributed.

What a Melbourne wills and estates lawyer costs, and free help

Many lawyers quote fixed fees for wills and powers of attorney, and charge by the hour or in stages for estate administration and disputes. When a lawyer acts for an executor, their costs are paid from the estate. If your legal costs are likely to be more than $750, your lawyer must tell you in writing how they'll charge and give an estimate. You can negotiate the costs agreement and ask for an itemised bill.

  • No win, no fee: some firms offer this for will disputes. The agreement must be in writing and say what counts as a win, any uplift fee is capped at 25% of legal costs, and there's a cooling off period of at least five business days
  • Disputing a bill: contact the Victorian Legal Services Board and Commissioner within 30 days for an itemised bill, or 60 days for a lump sum bill, from when it's payable
  • Law Institute of Victoria: its Find Your Lawyer Referral Service gives you a referral for a free 30 minute first interview. Victoria Legal Aid points out that this isn't 30 minutes of free legal advice. The LIV also lists accredited specialists
  • Victoria Legal Aid: doesn't give advice on wills and estates, but publishes free information, including its Your Will booklet
  • State Trustees: the government backed trustee lists an online will at $69 and a one hour will appointment at $330 for an individual, with free will storage and 20% off for concession or seniors card holders
  • Office of the Public Advocate: an advice service on enduring powers of attorney
  • Seniors Rights Victoria: help to prevent elder abuse

The LIV accredits specialists in wills and estates. To qualify, a lawyer needs at least five years of practice, substantial work in the area over the previous three years and a pass in the LIV's assessment.

Melbourne estate planning law: common questions

How long do I have to contest a will in Victoria?

A family provision claim generally has to be made within six months of the grant of probate or letters of administration. The time runs from the grant, not from the date of death, so get advice as soon as you can.

Who can make a claim against an estate?

The list includes the deceased's spouse or domestic partner, a registered caring partner, a child or stepchild, a former partner who could still have brought family law proceedings when the deceased died, a grandchild, and a member of the deceased's household. Being eligible doesn't mean a claim will succeed.

Does getting married cancel my will?

Yes, apart from gifts and appointments in favour of your new spouse, unless the will was made in contemplation of that marriage. Divorce cancels gifts to your former spouse and their appointment as executor. Separation on its own doesn't change your will, so update it if your relationship ends.

Can my will be witnessed over video?

Yes, under Victoria's remote procedure. One witness must be a lawyer, a Victorian justice of the peace or another prescribed person, everyone must be in Victoria, all the steps must happen on the same day, and that witness signs last with a statement that the procedure was followed.

How much does probate cost in Victoria?

From 1 July 2026 there's no grant application fee where the Victorian assets are worth under $250,000. Fees then rise in bands, from $544 for $250,000 to under $500,000 up to $17,770.80 for $7 million or more. The online notice of intention to apply costs $38. Legal fees are separate.

Does my will cover my super?

No. Super and life insurance aren't part of your estate and don't pass under your will. With a binding nomination the fund must pay the eligible person you nominated. Without one, the fund's trustee decides, and may pay it to your estate.

What is an accredited wills and estates specialist?

A lawyer accredited by the Law Institute of Victoria after at least five years of practice, substantial work in wills and estates and an assessment. It isn't required to practise. On this list, Lachlan Vallance at HOCW, Jennifer Dixon at Moores, Ines Kallweit at KHQ Lawyers, Jennifer Maher at Velocity Legal, Lizia Lim at Aitken Partners and Naomi Guyett at Danaher Moulton are accredited, according to their firms' websites.

General information only, not legal advice.

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