The Estate Planning Process in Victoria: What to Expect

Estate planning involves some very personal conversations. You may need to think about death, incapacity, family relationships, money and who you trust to make important decisions for you.

It is completely understandable if some of these topics feel difficult or overwhelming. The good news is that you do not need to work through them alone, and you certainly do not need to have all the answers before meeting with an estate planning lawyer.

At Hemmings Legal, we provide friendly, practical estate planning advice to clients across Melbourne and Victoria. You will be supported throughout the process, with clear explanations and a familiar face to help put you at ease.

What is estate planning?

Estate planning is the process of putting legally effective arrangements in place for:

what happens to your assets after your death;
who will administer your estate;
who can make financial and personal decisions for you during your lifetime;
who can make medical treatment decisions if you cannot make them yourself; and
how your family and other important people will be protected.

A Will is an essential part of estate planning, but it may not be the only document you need.

A complete Victorian estate plan may include:

a professionally prepared Will;
testamentary trusts;
an Enduring Power of Attorney;
an Appointment of Medical Treatment Decision Maker;
superannuation and death benefit nomination advice;
arrangements for children, pets or vulnerable beneficiaries; and
business or trust succession planning.

Your estate plan should be tailored to your circumstances. There is no single document or online template that is suitable for every person or family.

Step 1: Your first estate planning appointment

The estate planning process begins with a conversation.

During your first appointment, we will take the time to understand your family, assets, priorities and concerns. We may ask about:

your spouse or partner;
your children, stepchildren and grandchildren;
the people you trust to act as your executor or attorney;
your home, investments and other assets;
your superannuation and life insurance;
companies, businesses or family trusts;
beneficiaries who may need additional protection;
particular gifts you want to make;
guardianship arrangements for children; and
your wishes for pets or funeral arrangements.

You are welcome to prepare notes or bring relevant information with you. However, you do not need to arrive with everything perfectly organised.

Our role is to guide the discussion, identify what is important and let you know if any further information is needed.

Step 2: Discussing sensitive family circumstances

Some estate planning decisions are straightforward. Others can be much more difficult.

You may have:

a blended family;
a beneficiary with a disability;
children from a previous relationship;
a strained or complicated family relationship;
concerns about a beneficiary’s ability to manage money;
assets that you brought into a relationship;
a family business or trust; or
concerns about a possible challenge to your estate.

These issues are more common than many people realise. Our estate planning consultations are confidential and conducted without judgment.

You can take your time, ask questions and consider different options before making a final decision.

If a family member or support person attends your appointment, we may also speak with you privately. This helps us confirm that the instructions are genuinely yours and gives you an opportunity to discuss sensitive matters confidentially.

Step 3: Deciding what should be included in your Will

Your Will records what should happen to your estate after your death.

As part of preparing your Will, you may need to decide:

who should act as your executor;
who should inherit your estate;
whether particular assets or sums of money should be gifted;
what should happen if a beneficiary dies before you;
who should care for children under 18;
whether an inheritance should be held until a particular age;
whether a testamentary trust is appropriate; and
whether you want to record funeral or other personal wishes.

You do not need to make every decision immediately. We can explain the available options and the consequences of each choice in plain English.

Step 4: Preparing an Enduring Power of Attorney

Estate planning is not only about what happens after death. It should also protect you during your lifetime.

An Enduring Power of Attorney in Victoria allows you to appoint a trusted person to make financial or personal decisions for you. Depending on the authority you give, this might include dealing with:

bank accounts and bills;
property and other assets;
contracts and legal matters;
services and living arrangements; or
other personal or financial affairs.

Your attorney’s authority may begin immediately or only in the circumstances specified in the document.

Choosing an attorney is an important decision. We will explain the role, the attorney’s responsibilities and the options available if you want to appoint more than one person.

Step 5: Appointing a Medical Treatment Decision Maker

An Appointment of Medical Treatment Decision Maker allows you to nominate the person who will make medical treatment decisions for you if you lose the ability to make those decisions yourself.

This document is separate from your Will and Enduring Power of Attorney.

Your appointed medical treatment decision maker should be someone you trust to listen to medical advice, understand your values and make decisions that reflect what you would have wanted.

Although thinking about serious illness or incapacity may feel uncomfortable, making an appointment can provide valuable clarity for both you and your family.

Step 6: Considering superannuation

Many people assume their superannuation will automatically be distributed under their Will. This is not always the case.

Superannuation is generally held by the trustee of your superannuation fund. Its distribution may depend on:

the rules of the fund;
whether you have made a valid death benefit nomination;
the type and expiry date of that nomination; and
the people who are legally eligible to receive the benefit.

We can discuss how your superannuation arrangements interact with your Will and whether you should obtain additional advice or complete documents directly with your superannuation fund.

Step 7: Drafting your estate planning documents

Once we understand your circumstances and instructions, we prepare your estate planning documents.

Your documents should reflect your actual wishes, not simply reproduce a generic online template.

Careful drafting is particularly important if your affairs involve:

a blended family;
superannuation or life insurance;
jointly owned property;
a business, company or trust;
beneficiaries under 18;
a beneficiary with a disability or financial vulnerability;
testamentary trusts; or
the exclusion of a person who might otherwise expect to benefit.

We consider how the different parts of your estate plan work together so that your documents are clear, consistent and legally effective.

Step 8: Reviewing your draft documents

You will have an opportunity to read your draft documents and request changes before signing them.

Legal documents can look formal, but you should still understand what they mean. We encourage you to ask about anything that is unclear.

We can explain the documents clause by clause and make sure they accurately reflect your instructions.

There is no embarrassment in changing your mind or asking for something to be explained again. It is much better to raise a question now than to leave uncertainty in such an important document.

Step 9: Signing your Will and estate planning documents

When you are satisfied with the drafts, we arrange for the documents to be signed correctly.

Wills, Enduring Powers of Attorney and Medical Treatment Decision Maker appointments have different signing and witnessing requirements in Victoria. A document that is signed incorrectly may not operate as intended.

We will guide you through the signing process and ensure that each document is properly completed.

Once everything has been signed, you can enjoy the peace of mind that comes from knowing your wishes have been clearly recorded.

When should you update your estate plan?

Estate planning is not always something you complete once and then forget.

You should review your Will and other documents following a significant life event, such as:

marriage, separation or divorce;
the beginning or end of a de facto relationship;
the birth of a child or grandchild;
the death or incapacity of an executor, attorney or beneficiary;
buying or selling a significant asset;
starting, selling or restructuring a business;
moving interstate or overseas;
a substantial change in your financial position; or
a change in your relationships or wishes.

Even if nothing significant has changed, reviewing your estate plan periodically helps ensure it remains suitable.

Frequently asked questions about estate planning

Do I need to prepare anything before meeting an estate planning lawyer?

You do not need to have all the answers. It can help to prepare a list of your important family members, assets, superannuation funds and the people you may wish to appoint as executors or attorneys. We will guide you through anything else that is required.

Is estate planning only for wealthy people?

No. Estate planning is relevant to anyone who wants to decide what happens to their assets, appoint trusted decision makers and make things easier for their family.

Is a Will the same as a Power of Attorney?

No. A Will operates after your death. An Enduring Power of Attorney allows another person to make specified decisions for you during your lifetime. An attorney’s authority ends when you die.

Can I change my estate planning documents later?

Generally, you can change your Will and appointments while you have the legal capacity to do so. You should obtain legal advice before making changes or destroying an existing document.

Can a family member attend my appointment?

A family member or support person can usually attend, but your lawyer may need to speak with you privately. This protects your confidentiality and confirms that the instructions are your own.

A friendly and supportive approach to estate planning

Estate planning asks you to consider matters that most people naturally prefer not to think about. That does not mean the process itself needs to be frightening or uncomfortable.

For many clients, completing their estate planning documents brings an enormous sense of relief. They know that their wishes are clear, trusted people have been appointed and their loved ones will have guidance when it matters most.

Hemmings Legal is a boutique estate law firm based in Bayswater North, in Melbourne’s eastern suburbs. We assist clients across Victoria with Wills, testamentary trusts, Enduring Powers of Attorney and Medical Treatment Decision Maker appointments.

You will receive clear communication, tailored advice and genuine care throughout the estate planning process.

You do not need to know where to begin. You just need to begin the conversation.

Contact Hemmings Legal on (03) 9729 6772 or email support@hemmingslegal.com.au to discuss your estate planning.

This article contains general information only and is not legal advice. Advice should be obtained about your individual circumstances.