Why making a will matters
A valid will records how the will-maker directs their estate assets to be dealt with after death, subject to assets that do not pass under the will (which may include jointly owned property, superannuation death benefits and life-insurance proceeds, depending on ownership, nominations, policy terms and surrounding arrangements) and to applicable law. Without a will, the intestacy rules in Part IA of the Administration and Probate Act 1958 (Vic) determine distribution. That statutory distribution may differ from the deceased's wishes and may be unsuitable for blended families, small-business owners, self-managed super fund members and other complex asset arrangements.
Common goals discussed with wills clients include providing for the people the will-maker cares about, considering tax outcomes where advice indicates it is appropriate, and reducing the risk of family disputes after death. A well-drafted will, considered alongside up-to-date powers of attorney and appropriate superannuation nominations, may help address each of these — but the right combination depends on the client's family, assets and objectives, and outcomes cannot be guaranteed. A template or will kit may not address the client’s particular family, asset ownership, superannuation or succession arrangements.
Our Ringwood wills lawyers spend time understanding family circumstances, asset ownership and risk tolerance before drafting. The aim is a clear, plain-English document that reflects the client's instructions and is capable of being understood by the executor and beneficiaries and administered without unnecessary difficulty.
Documents we prepare for Ringwood clients
A complete estate plan is usually more than a will. In the first appointment we discuss which complementary documents may be appropriate and how to prioritise them, based on the client's circumstances.
- Simple wills for individuals and couples with straightforward affairs
- Testamentary trust wills, where appropriate, for management of gifts to minor or vulnerable beneficiaries and potential tax or asset-protection considerations, subject to relevant advice
- Mirror wills (matching wills between partners) and, where the parties agree not to revoke, mutual wills for blended families and second marriages — mutual wills involve a binding agreement not to revoke and are only appropriate in specific circumstances
- 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 an area where tailored advice is frequently valuable. 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 consider 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, in limited cases, mutual wills. Each option has different tax and family-provision consequences, cannot prevent all disputes, 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 possibility of incapacity during your lifetime — through stroke, dementia, accident or illness — Ringwood clients should consider an enduring power of attorney (financial and personal) under the Powers of Attorney Act 2014 (Vic) and a separate medical treatment decision maker appointment under the Medical Treatment Planning and Decisions Act 2016 (Vic). Financial and personal enduring powers of attorney do not authorise medical treatment decisions; medical decisions are made under a separate appointment. These arrangements can reduce the need for a VCAT-appointed administrator or guardian in appropriate cases, but do not remove all VCAT involvement.
We see attorney appointments cause difficulties 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 periodically — every few years is a common guide — 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 generally revokes an existing will unless the will is expressed to be made in contemplation of that marriage. The effect of divorce on a will is governed by the Wills Act 1997 (Vic) and generally revokes gifts to, and appointments of, the former spouse, but the specific effect depends on the terms of the will and the statute.
For existing clients, we offer a short review meeting; scope and estimated fees are confirmed before the review. 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 consider will structures that may balance provision for a surviving partner with intended gifts to adult children from earlier relationships, subject to tax, family-provision and other risks.
Self-managed super fund member
We consider the will, any binding death benefit nomination and the SMSF deed together, with tax advice where required, so the death benefit is dealt with in a considered way.
Vulnerable or disabled beneficiary
We consider whether a special disability trust or another protective structure is appropriate, with social-security and tax advice where relevant; pension and other entitlements cannot be guaranteed and depend on the beneficiary's circumstances and the applicable rules.
Business owner in the eastern suburbs
We consider how the will should coordinate with shareholder agreements, buy-sell arrangements and succession planning to reduce the risk of disruption after 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
- Appointments at our Ringwood office on Maroondah Highway; home visits may be arranged in appropriate cases for clients with mobility issues across Melbourne's eastern suburbs 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.
- Secure storage of the original will at no ongoing charge; copies are released to the client or an authorised person in accordance with the client's instructions and identity and authority checks.
- Fees depend on the documents and complexity required. We provide a written scope and estimate before work begins.
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 provide a written estimate before work begins.
- 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 provide secure storage of the original at no ongoing charge and release copies to the client or an authorised person in accordance with the client's instructions and identity and authority checks.
When to obtain legal advice
Early advice can help identify available options, protect relevant rights and avoid preventable delay or cost. 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?+
Fees depend on the documents and complexity required — a simple individual will differs from mirror wills for a couple, a testamentary trust will, or an integrated plan involving an SMSF or blended-family structures. We provide a written scope and estimate before work begins.
Do I need a testamentary trust will?+
Testamentary trusts are not suitable for every estate. In appropriate circumstances they may assist with management of gifts for minor or vulnerable beneficiaries, provide tax flexibility subject to independent tax advice, and support some asset-protection objectives — but they do not guarantee protection against a beneficiary's bankruptcy or family-law claims, and they add drafting and ongoing administration cost. We explain whether the potential benefits justify the additional cost in your circumstances.
Can I make a will online or use a will kit?+
It is possible, but common problems with self-prepared documents include improper witnessing, unclear gifts, failure to deal with the residue, appointing executors who cannot act, and overlooking jointly-owned assets and superannuation (which may not pass under the will at all). Defects or ambiguity in a self-prepared document can complicate an application for a grant of probate and increase cost or dispute risk.
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, having regard to the fund's governing rules, any nomination in force and any relevant dependants. A binding death benefit nomination — where permitted by the fund and validly made and maintained — can direct the trustee, but validity depends on strict statutory and trust-deed requirements and nominations may lapse or fail. We consider your will, any nomination and (where relevant) your SMSF deed so the benefit is dealt with in a considered way.
Who should I appoint as my executor?+
Common choices include 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 under the Powers of Attorney Act 2014 (Vic) can appoint someone to make financial and personal decisions on your behalf — including paying bills, dealing with bank accounts and dealing with property. According to its terms, the power may commence immediately, on a specified event (such as loss of decision-making capacity) or at another specified time, and it continues to have effect despite any later loss of decision-making capacity. It does not authorise medical treatment decisions, which are made under a separate appointment. Without an enduring appointment, family members may need to apply to VCAT for an administration or guardianship order.
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-based preferences about treatment. We prepare both documents.
What happens if I marry after making a will?+
Marriage generally 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. It is preferable to obtain advice before the wedding rather than after.
Does divorce automatically revoke my will?+
Divorce does not revoke the entire will. Under the Wills Act 1997 (Vic), divorce generally revokes any gift to the former spouse and any appointment of the former spouse as executor, trustee or guardian, subject to any contrary intention in the will. Depending on the will and the client’s circumstances, preparing a new will may be preferable to relying on the statutory revocation provisions.
Can my will be challenged?+
Yes. Eligible persons can bring a family provision (TFM) claim, generally within six months after the grant of probate or letters of administration, seeking further provision out of the estate, subject to the court's power to extend time and the applicable law. 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 with capacity notes and careful execution records where appropriate to help defend against later challenges.
Where will my will be stored?+
We provide secure storage of the original at no ongoing charge. Your executors are recorded on the file so the document can be located when needed. Copies are released to you or an authorised person in accordance with your instructions and identity and authority checks. You receive a copy for your records.
How often should I update my will?+
A review every three to five years is a common guide, and earlier review is appropriate after major life or asset changes. Whether an amendment, a new will or no change is appropriate depends on the existing document and current circumstances.