Why every adult in the eastern suburbs needs a will
A will is the only document that tells the world how you want your estate distributed when you die. Without one, the intestacy rules in Part IA of the Administration and Probate Act 1958 (Vic) decide who gets what — and the result rarely matches what most people would choose. For Ringwood couples with children from previous relationships, owners of small businesses, and people with self-managed super funds, intestacy outcomes can be especially harsh.
Most of our wills clients in the eastern suburbs share three goals: provide for the people they care about, minimise tax for beneficiaries, and avoid family disputes after death. A well-drafted will, paired with up-to-date powers of attorney and binding super nominations, achieves all three. A template downloaded from the internet often does not.
Our Ringwood wills lawyers spend time understanding family circumstances, asset ownership and risk tolerance before drafting. The result is a clear, plain-English document that does what it says — and that the executor and beneficiaries can understand without legal training.
Documents we prepare for Ringwood clients
A complete estate plan is more than a will. Most Ringwood clients leave their first appointment with a list of complementary documents the lawyer recommends, prioritised by what is most needed first.
- Simple wills for individuals and couples with straightforward affairs
- Testamentary trust wills for asset protection, tax planning and minor beneficiaries
- Mutual and mirror wills for blended families and second marriages
- Enduring powers of attorney (financial and personal) under the Powers of Attorney Act 2014 (Vic)
- Medical treatment decision maker appointments under the Medical Treatment Planning and Decisions Act 2016 (Vic)
- Advance care directives recording values-based and instructional treatment decisions
- Binding death benefit nominations for super funds and SMSF estate planning advice
- Letters of wishes to executors on funeral arrangements, pets and personal items
Blended families, second marriages and the Ringwood home
Blended-family estate planning is the single most common reason our Ringwood clients seek tailored advice. The instinct to leave 'everything to my partner, then everything to my children' is understandable — but if the partner remarries, or makes a new will, the children from the first relationship can be unintentionally disinherited.
We use a range of structures to balance the needs of a surviving partner against the entitlements of children from a previous relationship — including life interest gifts, right-to-reside arrangements, testamentary trusts with carefully drafted appointors, and mutual wills with an obligation not to revoke. Each option has different tax and family-provision consequences, and the right answer depends on the asset mix and the family dynamic.
Powers of attorney and advance care planning
A will only takes effect after death. To plan for the very real possibility of incapacity during your lifetime — through stroke, dementia, accident or illness — Ringwood clients need an enduring power of attorney (financial and personal) and a medical treatment decision maker appointment. These appointments empower a trusted person to make decisions on your behalf and avoid the cost, delay and intrusion of a VCAT-appointed administrator or guardian.
We see attorney appointments fail most often where the attorney does not understand the limits of their role, the principal did not record specific instructions, or the document was prepared without independent legal advice. We take time to brief both the principal and the attorney so the arrangement works in practice — not just on paper.
When to review and update an existing will
Estate planning is not a set-and-forget exercise. We recommend reviewing your will every three to five years, and immediately on a major life event — marriage, separation, divorce, the birth of children or grandchildren, the death of a beneficiary or executor, the purchase or sale of a business, or a significant change in asset value. Marriage automatically revokes an existing will unless the will is expressed to be made in contemplation of that marriage; divorce revokes gifts to the former spouse but not the entire will.
For long-standing Ringwood clients, we offer a short review meeting at fixed cost. Where the existing document still meets the client's wishes, we say so. Where changes are needed, we prepare a codicil or a fresh will, whichever is more cost-effective and less likely to invite challenge.
Common situations Ringwood clients bring to us
First will after buying a Ringwood home
Young couples and first-home buyers in Heathmont, Ringwood East and Croydon often realise they need a will once a mortgage and a property title sit in joint names.
Second marriage with children on both sides
We design will structures that protect the surviving partner's lifestyle while preserving capital for adult children from earlier relationships.
Self-managed super fund member
We co-ordinate the will, binding death benefit nomination and SMSF deed so the super benefit flows where the member intends — and tax-efficiently.
Vulnerable or disabled beneficiary
We use protective trusts and special disability trusts where appropriate so a beneficiary's pension entitlements are preserved.
Business owner in the eastern suburbs
We integrate the will with shareholder agreements, buy-sell arrangements and succession plans so the business does not stall on death.
Older client moving into care
We prepare or refresh powers of attorney and review the will before capacity becomes an issue, and document the file accordingly.
Why Ringwood and eastern-suburbs clients choose Parke Lawyers
- Face-to-face appointments at our Ringwood office on Maroondah Highway, with home visits available for clients with mobility issues across the City of Maroondah and the Yarra Ranges.
- Our wills lawyers work closely with the firm's probate and estate-litigation teams, so the will we draft anticipates the way it will be administered and the disputes that can arise.
- We keep the original will in our secure deed safe at no ongoing cost, and provide certified copies to executors when the time comes.
- We offer fixed-price wills, fixed-price wills packages (will + EPOA + medical decision-maker) and individually quoted complex estate plans.
How the legal process works
- 01
Estate planning enquiry
We send a short pre-meeting questionnaire to help you list assets, liabilities, beneficiaries and existing documents — saving time in the first meeting.
- 02
Initial Ringwood meeting
We meet at Ringwood, online or by phone to discuss family circumstances, wishes, asset ownership and risk concerns. We confirm scope and fixed cost where possible.
- 03
Draft and review
We send a draft will and supporting documents with plain-English explanations of each clause. You review, ask questions and request changes.
- 04
Signing meeting
We supervise execution of the will and powers of attorney with the required witnesses, ensuring compliance with the Wills Act 1997 (Vic) and Powers of Attorney Act 2014 (Vic).
- 05
Safe custody and review
We store the original in our deed safe at no charge, send certified copies to your attorneys/executors as you direct, and diarise a review reminder.
When to obtain legal advice
Early advice usually shortens the matter, reduces cost and widens the options available to you. Speak with one of our Ringwood lawyers if any of the following apply:
- You have never made a will, or your only will is more than five years old
- You have recently married, separated, divorced or entered a de facto relationship
- You have had children or grandchildren since your last will
- You own or are buying property, a business interest or an SMSF
- You are in a blended family or have an estranged adult child
- A beneficiary or executor named in your existing will has died
- You have been diagnosed with a serious illness or are entering aged care
- You want to leave a charitable gift or set up a testamentary trust
Related Parke Lawyers resources
Service
Wills & Estate Planning
Detailed overview of our wills, powers of attorney and broader estate-planning services — pricing, processes and worked examples.
Learn moreLocal office
Parke Lawyers Ringwood
281 Maroondah Highway, Ringwood — opening hours, directions and full list of services from the Ringwood office.
Office detailsIn-depth reading from our Information Centre
Frequently asked questions
How much does a will cost at your Ringwood office?+
Our fixed-price simple wills start in the low hundreds for individuals and slightly more for couples with mirror wills. Packages bundling a will, enduring power of attorney and medical treatment decision-maker appointment are quoted at a discount. Testamentary trust wills, blended-family structures and SMSF-integrated plans are individually quoted because the work depends on the complexity of the family and asset mix.
Do I need a testamentary trust will?+
Not everyone needs one, but they are powerful in three scenarios: where beneficiaries are minors or vulnerable, where beneficiaries are high-income earners and could benefit from income-splitting with their children, and where asset-protection from a beneficiary's potential bankruptcy or relationship breakdown is a concern. We explain whether the benefits justify the additional drafting and administration cost in your case.
Can I make a will online or use a will kit?+
Yes — and many people regret it. The most common mistakes we see are improper witnessing, unclear gifts, failing to deal with the residue, naming executors who cannot act, and ignoring jointly-owned assets and super (which often do not pass under the will at all). Probate offices and family-provision claimants pay very close attention to home-made documents.
What happens to my super when I die?+
Superannuation does not automatically form part of your estate. The trustee of the fund decides who receives the death benefit unless you have made a valid binding death benefit nomination. We align your will, your binding nomination and (where relevant) your SMSF deed so the benefit flows to the intended recipient tax-effectively.
Who should I appoint as my executor?+
Most Ringwood clients appoint a spouse, an adult child or a trusted sibling, sometimes with a backup. The executor should be organised, ethically reliable, able to remain neutral between beneficiaries, and willing to take on the role. Where family relationships are difficult, an independent professional executor is sometimes a better choice.
What is an enduring power of attorney?+
An enduring power of attorney (financial and personal) appoints someone to make legal and financial decisions on your behalf — including paying bills, dealing with bank accounts and selling property — if you lose capacity. Without it, your family may need to apply to VCAT for an administration order, which is slower, more intrusive and more expensive.
Who decides my medical treatment if I cannot?+
Under the Medical Treatment Planning and Decisions Act 2016 (Vic), you can appoint a medical treatment decision-maker to make medical decisions on your behalf when you are unable to. An advance care directive can also record specific instructions or values about treatment. We prepare both documents.
What happens if I marry after making a will?+
Marriage revokes an existing will unless the will is expressly made in contemplation of that marriage. If you marry without updating your will, you may unintentionally die intestate. Speak with us before the wedding rather than after.
Does divorce automatically revoke my will?+
Divorce does not revoke the entire will. It revokes any gift to the former spouse and any appointment of the former spouse as executor, trustee or guardian — but the rest of the will stands. Most clients update their will entirely on divorce to avoid any ambiguity.
Can my will be challenged?+
Yes. Eligible persons can bring a family provision (TFM) claim within six months of probate seeking further provision out of the estate. Wills can also be challenged on grounds of capacity, undue influence, fraud or improper execution. We draft with these risks in mind and document the file (capacity notes, signing video where appropriate) to defend against later challenges.
Where will my will be stored?+
We hold the original in our secure deed safe at our Ringwood office at no ongoing cost. Your executors are recorded on the file so they can locate the document quickly when needed. You receive a copy for your records.
How often should I update my will?+
We recommend a short review every three to five years, and immediately on major life events. A short review meeting is usually all that is needed; we only re-draft when changes are substantive.