In Victoria, you have several options for creating a will:

• Hire a Lawyer: Suitable for large or complex estates, or for personalized legal advice, covering estate tax planning, trusts, and specialized needs.
• Use an Online Platform: Recommended for straightforward estates, mentioning "Will Hero" as an affordable and convenient option with a visual interface that simplifies the process.
• Handwrite Your Will: A handwritten will is valid in Victoria if signed and dated in front of two witnesses to meet formal requirements.

No, you don't have to hire a lawyer to create a valid will in Victoria. For simple estates with clear wishes, an online platform or a handwritten will suffices. However, for complex estates or concerns about tax planning or trusts, consulting a legal professional can help.

Yes, you can handwrite your Will in Victoria, and it remains legally valid if you follow the proper steps. Under the Wills Act 1997 (Vic), the will-maker must sign any typed or handwritten Will in front of two witnesses who watch at the same time. If a handwritten Will doesn't meet these requirements, the Supreme Court of Victoria may still use its "dispensing power" to declare it valid. However, that process is uncertain and can be costly. To avoid challenges, use two independent witnesses each time you sign a Will—no matter how you create it.

Australia, including Victoria, doesn't impose inheritance or estate taxes; the country abolished these "death duties" decades ago. In some situations, you may owe capital gains tax (CGT) if you sell an inherited asset at a profit, but death doesn't automatically trigger any tax. If you're concerned about possible tax implications—such as CGT on property or investments—consult a tax professional.

No. In Victoria, you don't need a notarised will for it to be valid. However, you must sign your will in front of two witnesses, and they must sign it as well.

Yes. You can change or update your will at any time, provided you have sound mind. You have two main options:

• Add a Codicil: A codicil acts as a legal amendment to your existing will. Sign and witness it just like the original.
• Create a New Will: Draft a new will that replaces your old one, and clearly state that it revokes all prior wills and codicils. After signing, destroy every copy of the old will to avoid confusion or disputes.

If you die without a will in Victoria, the state's intestacy laws (under the Administration and Probate Act 1958 (Vic)) govern how to distribute your estate. This means your closest relatives (as defined by law) receive your assets. If you have no close relatives, the state may take your property. Also, if you have minor children, the court chooses their guardian, which may conflict with your wishes. Creating a will lets you control these crucial decisions.

Probate is the legal process that begins after someone dies. It confirms a will's validity and ensures the estate is distributed according to the deceased's wishes—or under state law if no will exists.

In Victoria, the Supreme Court (via its Probate Office) grants probate. Typically, the executor applies for a Grant of Probate with the court. This process usually includes the following steps:

1. Filing the Will The executor files the will with the Supreme Court of Victoria, along with a petition to open probate. If no will exists, the executor submits a petition for intestate succession.

2. Appointing an Executor If a valid will names an executor, that person manages the estate. If the will doesn't name an executor—or if no will exists—the court appoints an administrator instead.

3. Inventory of Assets The executor identifies and values the deceased's property, including bank accounts, investments, personal belongings, and any debts.

4. Paying Debts and Taxes Before distributing the estate, the executor settles all debts, taxes, and expenses (e.g., mortgages, credit card bills, medical costs).

5. Distributing the Estate Once debts and expenses are cleared, the executor distributes remaining assets to the will's beneficiaries. If no will exists, assets go to heirs under Victoria's intestate succession laws.

6. Closing the Estate After all obligations are met, the executor files a final petition to close the probate process.

In Victoria, probate can last from a few months to over a year. Factors such as estate complexity, beneficiary disputes, or a contested will can extend the timeline. On average, probate finishes in about 9 to 18 months.

Certain assets avoid probate through:

• Joint Tenancy/Ownership (Right of Survivorship): Property held in joint tenancy automatically passes to the surviving owner.

• Beneficiary Designations: Superannuation (retirement) and life insurance policies often bypass the estate if you name beneficiaries.

• Family Trusts: A family trust lets you transfer asset ownership into the trust while you're alive. The trust holds these assets during your lifetime, then transfers them to your chosen beneficiaries after death. Because the trust, not you, owns the assets, they don't require probate. Make sure you move items (real estate, bank accounts, investments) into the trust correctly to benefit from this arrangement.

For many, creating a living trust or adding clear beneficiary designations streamlines the estate process and reduces probate time and costs.