Deceased Estates

Wills and Estates law includes a range of services from your Will, Powers of Attorney, administration of deceased estates to contesting a Will and more. We have deceased estate lawyers able to assist you with all of these services.

For many Victorians, it’s one of those tasks that sits on the “to do” list for a little bit longer than perhaps it should, for a variety of reasons.

Your estate includes everything you own; the family home, cars, boats, caravans, money in your bank account, investments, shares and other personal items like jewellery. Should something happen to you unexpectedly, having valid estate planning documents in place will ensure your wishes about what happens to your possessions, are followed.

If you die, your estate should be distributed to those you have chosen. If you become incapacitated, either temporarily or permanently, it should be your choices that are followed in relation to your property and your personal care.

At Smith Family Law, our deceased estate lawyers are here to guide you through all the options available to you to deliver peace of mind about the future.

Our expert probate and estate litigation services

Probate and estate administration

When a person dies and they have a Will, the executor(s) will need to apply for a Grant of Probate to undertake their duties of distributing the assets of the deceased. When a person dies without a Will, an administrator is appointed and they will need to apply for Letters of Administration to undertake their duties.

Learn more about probate and estate administration

Contesting a Will

Sometimes disputes occur if a Will is not drawn up the way a person intended or there are disputes about the assets, distribution or where someone believes they have been unfairly excluded from a Will. In situations like this, people may choose to contest the Will.

Learn more about contesting a Will

Wills and Powers of Attorney

We no longer prepare Wills, Enduring Powers of Attorney or Appointment of Medical Treatment Decision Maker documents. If you require a Will or Powers of Attorney, please contact our office on 03 8625 8957 and we can refer you to a suitable qualified lawyer.