Wills and Probates in St. Kilda

A will is a legal document by which you direct how your assets will be disposed of when you die. You should ensure that you have a valid will at all times to make sure that your assets are distributed in accordance with your wishes. Without a will, your assets will be distributed according to a rigid formula laid down in the Administration & Probate Act and you will have no say how your assets will be distributed.

Upon death, without a Will, your spouse (which includes a separated spouse) will receive your entire estate unless you have children that are not your spouse’s children. 

In that event your spouse will receive the first $451,909 approximately and half the balance of your estate plus all of your personal chattels. 

The balance of your estate will be divided equally between your children. Your spouse will have the option of buying your interest in the matrimonial home.

If you have no spouse nor children your closest living relatives will take your estate. That is, your parents or the survivor of them if they are alive, then your brothers and sisters, nieces and nephews, grandparents and then cousins.

The estate gets paid to the Government in the event you have no relatives that can be located.

Pursuant to Section 91(1) of the Administration & Probate Act 1958, a court may make provision from the estate of a deceased person for the proper maintenance and support of a person for whom the deceased had the responsibility to make provision.

The courts have made it clear that a claimant’s needs must be demonstrated at the time of any court hearing and have decided in cases where the party seeking support are capable of supporting themselves comfortably and are likely to do so, there may be little or no reason for a deceased to make provision for their support.

A will needs to be in writing and signed by the will maker in the presence of two witnesses who are present at the same time and who must also sign the will. The will is an important legal document, and legal advice should be sought regarding its content. It is a false economy to do your own will without legal assistance.+

During the Covid-19 restrictions Wills can be signed via Zoom pursuant to the Covid-19 Omnibus (Emergency Measures) (Electronic Signing and Witnessing) Regulations 2020. We can guide you with the Zoom execution of your Will