At Henry Street Law, we help individuals and families prepare clear, legally valid wills and estate plans that reflect their wishes and protect their loved ones.
There is no one-size-fits-all approach to preparing a Will. The right structure depends on your assets, family circumstances, beneficiaries and long-term intentions. With more than 30 years’ experience in wills and estates, Henry Street Law can guide you through the process and help you avoid unnecessary confusion, conflict or costly disputes.
How We Can Help
Our Wills & Estates services may include:
- Preparing a new Will.
- Reviewing or updating an existing Will.
- Advice about executors and beneficiaries.
- Simple Wills and Testamentary Trust Wills.
- Estate Planning and related documents.
- Probate and estate administration assistance.
- Reviewing your Will after major personal, family or financial changes.
- Secure storage of completed Wills, where applicable.
Preparing Your Will
A properly prepared Will should clearly record your wishes and comply with the legal requirements that apply in Victoria. It can help reduce uncertainty for your family and provide clear instructions about how your estate should be managed and distributed.
When preparing or reviewing your Will, some of the key matters to consider include the following.
Who Will Be Your Executors?
Your executor is responsible for carrying out the instructions in your Will and administering your estate after your death. This can include identifying assets and liabilities, dealing with financial institutions, applying for Probate where required, paying estate liabilities and distributing the estate to beneficiaries.
Choosing the right executor is important. Henry Street Law can explain the role and help you consider who may be suitable for your circumstances.
Who Will Be Your Beneficiaries?
Your beneficiaries are the people or organisations you choose to receive assets from your estate. Your Will can set out who should benefit and how your estate should be distributed.
Your family structure, assets and the circumstances of your beneficiaries may affect how your Will should be prepared. In some situations, a Testamentary Trust Will may be worth considering. Henry Street Law can discuss whether this type of Will is appropriate for your circumstances.
How Do You Know a Will Is Valid?
A Will must meet formal legal requirements in order to be valid. This includes requirements relating to signing, witnessing and the Will-maker’s capacity.
Where there are concerns about testamentary capacity, additional evidence or advice may be appropriate. Henry Street Law can guide you through the process and help ensure the Will is prepared and executed correctly.
When Should You Review Your Will?
A Will should not simply be prepared once and forgotten. It is sensible to review it after major changes in your personal, family or financial circumstances.
You may wish to review your Will after:
- Marriage or separation.
- Divorce.
- The birth or adoption of a child.
- The death of an executor or beneficiary.
- Buying or selling significant property.
- Starting, buying or selling a business.
- A major change in your assets or liabilities.
- A significant change in family circumstances.
Even if nothing major has changed, reviewing your Will from time to time can help make sure it still reflects your wishes.
Your Will and Your Broader Estate Plan
A Will is an important part of estate planning, but it is not the only document that may need to be considered. Depending on your circumstances, your estate plan may also involve matters such as Enduring Powers of Attorney, medical decision-making arrangements, property ownership, business interests and other financial structures.
Henry Street Law can help you consider how your Will fits within your broader estate plan.
Executors, Probate and Estate Administration
After a person dies, the executor may need to take a number of legal and administrative steps before the estate can be finalised.
Depending on the estate, this may include:
- Locating and reviewing the Will.
- Identifying assets and liabilities.
- Applying for a Grant of Probate where required.
- Dealing with banks, property and other assets.
- Paying estate liabilities.
- Distributing the estate in accordance with the Will.
Henry Street Law can assist executors with Probate and the administration of an estate.
What to Expect When Preparing Your Will
1. Initial discussion
We discuss your family circumstances, assets, wishes and any issues that may need special consideration.
2. Information gathering
We confirm the information needed to prepare your Will, including your proposed executors and beneficiaries.
3. Advice and drafting
We discuss the available options and prepare the Will to reflect your instructions and circumstances.
4. Review
You have the opportunity to review the document, ask questions and discuss any changes before it is finalised.
5. Signing and witnessing
Once the Will is finalised, we help ensure the signing and witnessing requirements are completed correctly.
6. Storage and future review
Where applicable, we can securely store your completed Will and you can review it again if your circumstances change.
Frequently Asked Questions
There are formal legal requirements that must be followed for a Will to be valid. A solicitor can help ensure your Will clearly records your wishes, addresses your circumstances and is properly prepared and executed.
If a person dies without a valid Will, their estate may be distributed according to Victorian intestacy laws rather than according to their personal wishes. If this is a concern, we can explain the importance of having an up-to-date Will.
It is sensible to review your Will after significant life, family or financial changes and periodically to make sure it still reflects your wishes.
A Will sets out how you want your estate dealt with after your death. Estate Planning is broader and may include your Will as well as other arrangements relating to your affairs during your lifetime and after your death.
Yes, subject to the circumstances of the estate, Henry Street Law can assist executors with Probate and estate administration.
Speak With a Wills & Estates Lawyer
Every family and estate is different. Speak with Henry Street Law about preparing or reviewing your Will and the estate planning matters relevant to your circumstances.
Call (03) 5181 6363 or send us a web enquiry to arrange an appointment with our Traralgon office.
Essential care for the family you love.
Family is important and every family is different. Talk to Henry Street Law today about the essential elements for Estate Planning.