Plan your legacy. Protect your family.
Wills & Deceased Estates
Wills & Deceased Estates
A well-constructed estate plan is one of the most considered things you can do for the people who matter most to you. At Ellison-Whyte Law,
we guide individuals and families through the full spectrum of wills, estate planning, and deceased estate administration — with clarity,
care, and the expertise your situation deserves.
Most people know they should have a will. Far fewer have one that actually reflects their life — their blended family, their business interests, their superannuation, their wishes for a child with a disability, or the property they acquired last year.
Estate planning is not a single document. It is a considered set of legal instruments that work together to protect you while you are alive, guide your loved ones if you become incapacitated, and ensure your wishes are carried out after you are gone. We build plans that hold — through the complexity of real life, not just the simplicity of a template.
Simple Wills
A simple will sets out how you want your assets distributed, who you appoint as executor, and — where relevant — who you wish to care for your children. Even for straightforward situations, a professionally drafted will is essential. Errors in execution, ambiguous language, or a failure to account for your circumstances can render a will invalid or give rise to costly disputes. We get it right.
Wills with Testamentary Trusts
A testamentary trust is a trust established within your will that comes into effect on your death. It allows assets to be held and managed for the benefit of beneficiaries — rather than distributed outright — and can offer significant tax advantages, asset protection benefits, and greater control over how your estate is used over time. They are particularly valuable where beneficiaries include minor children, people with disabilities, or individuals in relationships or occupations that carry financial risk. We advise on whether a testamentary trust is right for your circumstances and draft the will and trust documents accordingly.
Estate Planning Package
Our estate planning package brings together the core documents every adult should have — a will, an enduring power of attorney, a medical treatment decision maker appointment, and a binding death benefit nomination. Together these documents cover your wishes across every scenario: death, incapacity, and everything in between. Available for individuals and couples.
Enduring Power of Attorney
An enduring power of attorney appoints a person you trust to manage your financial and legal affairs if you lose capacity. Without one, your family may need to apply to VCAT for the authority to act on your behalf — a costly and stressful process that a simple document can prevent entirely. We advise on the scope of the appointment, who to appoint, and how to structure the authority to protect your interests.
Medical Treatment Decision Maker
A medical treatment decision maker appointment gives a trusted person the authority to make medical decisions on your behalf if you cannot make them yourself. It is a document most people do not think about until they need it — and by then it is too late. We prepare this document as part of our estate planning package or as a standalone appointment.
Advance Care Directive
An advance care directive allows you to document your values, preferences, and wishes regarding your medical treatment — giving your doctors and medical treatment decision maker clear guidance when it matters most. We prepare this document alongside your other estate planning instruments.
General Estate Advice
If you are an executor, beneficiary, or family member trying to understand your rights or obligations following a death, our initial estate advice consultation gives you a clear picture of where you stand and what needs to happen next.
Application for Grant of Probate
Probate is the legal process by which a deceased person's will is verified by the Supreme Court of Victoria and the executor is authorised to administer the estate. We manage the full application process — gathering the necessary information, drafting the affidavit of executor, lodging the application with the court, and obtaining the Grant of Probate on your behalf.
Letters of Administration
Where a person dies without a valid will (intestate), or where the named executor is unable or unwilling to act, an application for letters of administration is required before the estate can be dealt with. We guide administrators through this process with care and efficiency.
Administration of Deceased Estates
Once probate or letters of administration have been obtained, the work of actually administering the estate begins. This involves collecting assets, notifying beneficiaries, settling debts and liabilities, preparing estate accounts, and ultimately distributing the estate in accordance with the will or the rules of intestacy. We manage this process on behalf of executors and administrators, working alongside accountants where a final tax return is required.
Blended families present some of the most complex estate planning challenges — and some of the highest stakes. When children from previous relationships, stepchildren, new partners, and jointly held assets are all part of the picture, a generic will can create unintended outcomes and serious disputes.
We have significant experience advising clients in blended family situations. This may involve the use of testamentary trusts, life interests in property, mutual wills, or carefully structured provisions that balance the interests of a surviving partner with those of children from earlier relationships. If your family situation is anything other than straightforward, this is exactly where our expertise makes a difference.
Your estate plan should be a living document — reviewed and updated as your life changes. We recommend a review after any of the following:
Marriage or the beginning of a de facto relationship — in Victoria, marriage does not automatically revoke a prior will in all circumstances, but the rules are complex and worth reviewing.
Separation or divorce — an existing will may continue to operate in ways you did not intend following a relationship breakdown.
The birth or adoption of a child or grandchild — particularly where a testamentary trust or specific provision for a minor is relevant.
A significant change in assets — acquiring property, inheriting wealth, or starting a business.
The death of a beneficiary, executor, or attorney — your documents need to reflect who is still able and willing to act.
As a general guide, even without a triggering event, we recommend a review every three to five years.
For clients ready to begin, our secure online will-preparation platform allows you to start the process immediately — in your own time, from anywhere. Your information is reviewed by our team and forms the basis of your professionally drafted will. It is not a DIY kit. It is a smarter way to begin.
| Simple Will — Single | $740 |
| Simple Will — Couples | $1,490 |
| Will with Testamentary Trust — Single | $3,000 |
| Will with Testamentary Trust — Couples | $5,500 |
| Estate Planning Package — Single | $1,490 |
| Estate Planning Package — Couples | $2,490 |
| Enduring Power of Attorney | $250 |
| Medical Treatment Decision Maker | $250 |
| General Estate Advice (initial consult) | $495 |
| Probate / Letters of Administration | Per court scale |
| Administration of Deceased Estate | $2,000 – $8,000+ |
All fees are fixed and confirmed in a cost agreement before work begins. Court filing fees and disbursements apply in addition to legal fees for probate matters.
Do I really need a lawyer to make a will — can't I just use a kit?
Will kits are legally available in Victoria, but they carry real risk. A will that is incorrectly witnessed, ambiguously worded, or fails to account for your specific assets and family situation can be challenged, partially invalid, or create exactly the disputes you were hoping to avoid. The cost of a professionally drafted will is modest. The cost of an invalid one — in legal fees, family conflict, and uncertainty — can be very significant.
What is the difference between a simple will and a will with a testamentary trust?
A simple will distributes your assets directly to your beneficiaries at the time of your death. A will with a testamentary trust instead establishes a trust within the will, allowing assets to be held and managed over time rather than distributed outright. Testamentary trusts are particularly useful where beneficiaries include minor children, people with disabilities, or those in high-risk financial situations. We will advise you on which structure best suits your circumstances.
What happens if I die without a will in Victoria?
Dying intestate — without a valid will — means your estate is distributed according to a fixed statutory formula under Victorian law, regardless of your wishes or the needs of your loved ones. This formula may not reflect your intentions, and it can create significant complications for surviving partners in de facto relationships and blended families. A will ensures your estate is dealt with as you intend.
What is probate and does every estate need it?
Probate is the process by which the Supreme Court of Victoria formally recognises a will and authorises the executor to administer the estate. Not every estate requires probate — it depends on the nature and value of the assets held. Many financial institutions and asset holders require a grant of probate before they will release funds. We advise on whether probate is required in your specific circumstances.
How long does it take to administer a deceased estate?
The timeline varies significantly depending on the complexity of the estate, whether probate is required, the number of beneficiaries, and whether any disputes arise. A straightforward estate might be finalised within a few months of the grant of probate. Complex estates, particularly those involving property, a business, or family conflict, can take considerably longer. We provide realistic guidance on timing at the outset of every matter.
Can someone contest my will?
Yes. In Victoria, eligible persons — including spouses, domestic partners, children, and in some circumstances stepchildren and dependants — can make a claim against an estate if they believe they have not been adequately provided for. This is known as a family provision claim. A well-constructed will, supported by clear documentation of your intentions, is the best defence against a successful challenge. We advise on estate planning strategies that reduce the risk of a contested estate.
I am an executor — what are my obligations?
An executor has significant legal responsibilities — including identifying and valuing assets, notifying beneficiaries, settling debts, applying for probate where required, and distributing the estate in accordance with the will. Executors can be held personally liable for errors. If you have been appointed executor and are unsure where to begin, our general estate advice consultation will give you a clear picture of what is required.
Ready to put a plan in place?
Whether you are starting a will for the first time, reviewing an existing estate plan, or administering a loved one's estate, we are here to guide you through it. Book a consultation with our team or start your will online today.
WILLS & ESTATE PLANNING
Estate planning is all about having a plan in place that looks after your loved ones or manages your affairs
in the event you become ill, incapacitated or pass away.
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DECEASED ESTATES
Helping you settle deceased estates. General state advice, application for probate or letter of
administration and administration of deceased estate.
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