Technically speaking, you do not need a lawyer to make a will in Australia, but it may not be legally binding or hold up in court. As there are specific requirements for wills in Australia, it can save you time and stress, and your family time, stress and money when you pass to ensure a lawyer has reviewed your will. If you have drafted your own will and want to ensure it's right, book a free consult with our team. 

In Victoria, if someone dies without a will or the will is not valid, the deceased's next of kin may need to apply for a Grant of Letters of Administration to be made to the Supreme Court to be able to access and distribute the estate. The next of kin will typically be a domestic partner or child of the deceased person. If you are having issues with a deceased estate, our wills and estates lawyers in Melbourne are here to help.

With a testamentary trust, the assets in your trust are owned by the trustee, not the beneficiaries. This helps protect those assets in the event of the beneficial going bankrupt or having legal action against them. It's one of the key reasons people set up a trust if they have family members in difficult financial situations or who may not be financially responsible. 

Investments, land or property, cash and other valuable assets can all be held in a testamentary trust. This can include investment properties, shares and retirement accounts.