Wills and Estates Lawyers in Melbourne | Estate Planning

Estate planning is about more than distributing assets — it is about protecting the people you care about and reducing uncertainty for your family. A professionally drafted will and a clear estate plan ensure your wishes are followed and minimise the risk of disputes, delays and unnecessary costs. Henton Legal has deep expertise in wills and estate planning for Melbourne families, including those with cross-border or complex asset structures.

Why Estate Planning Matters in Melbourne

Many people assume estate planning is only for the wealthy or can wait until later in life. In Victoria, if you die without a valid will, your estate is distributed under the intestacy rules in the Administration and Probate Act 1958 (Vic) — which may not reflect your wishes at all.

For families with international assets, blended family structures or property in multiple jurisdictions, the risks of inadequate planning are even greater. Without an enduring power of attorney and a medical decision appointment, your family may face costly VCAT proceedings if you lose capacity unexpectedly. Acting early gives you and your family genuine peace of mind.

Will Drafting

A will is the foundation of your estate plan. A solicitor-drafted will is legally valid, precisely worded and fully reflects your intentions. Our will drafting service covers:

Asset review: We help you identify all assets — real property, bank accounts, superannuation, insurance, investment portfolios, company shares and personal items — so your will covers your full estate.

Beneficiary and distribution planning: We design a clear distribution plan, specify each beneficiary\’s entitlement and include specific gifts where appropriate. For families with minor children, we help you appoint a suitable guardian.

Executor appointment: We explain the duties and legal obligations of an executor so you can make an informed choice. A trusted and capable executor is critical to the smooth administration of your estate.

Testamentary trusts: For larger or more complex estates, a testamentary trust within your will can achieve asset protection, tax efficiency and flexible distribution for beneficiaries — including protection against a beneficiary\’s creditors or relationship breakdown.

Regular reviews: Life events — marriage, divorce, birth of children, changes in assets — can affect the validity or suitability of your will. We recommend reviewing your will periodically and updating it whenever circumstances change.

Enduring Power of Attorney

An Enduring Power of Attorney allows you, while you still have capacity, to appoint one or more trusted people to manage your financial and legal affairs if you lose capacity in future. In Victoria, this document is governed by the Powers of Attorney Act 2014 (Vic).

Why it matters: Without one, your family may have to apply to VCAT to be appointed as your administrator — a process that is time-consuming, expensive and can cause significant family tension. Our service covers selecting the right attorney, defining the scope of authority, setting conditions and limits, and ensuring execution is legally compliant.

Medical Treatment Decision Maker

Under the Medical Treatment Planning and Decisions Act 2016 (Vic), you can formally appoint a Medical Treatment Decision Maker to make healthcare decisions on your behalf if you are unable to do so. This is separate from an enduring power of attorney, which covers financial matters only.

We help you understand the role, select the right person, draft the appointment document to meet Victoria\’s legal requirements and, if desired, prepare an Advance Care Directive that records your healthcare preferences in writing.

Comprehensive Estate Planning Advice

A will is just one part of a complete estate plan. Effective planning also considers:

Superannuation beneficiary nominations: Superannuation does not automatically form part of your estate. A binding death benefit nomination ensures your super is paid to your intended beneficiaries rather than subject to trustee discretion.

Family asset protection: Using testamentary trusts and other structures to shield assets from beneficiaries\’ debts, relationship breakdowns or other risks.

Cross-border asset planning: For clients with assets in Australia and overseas, we can help navigate the differences between jurisdictions to create a coordinated cross-border plan and avoid enforcement difficulties.

Business succession: If you own company shares or run a family business, we can design a succession plan to ensure smooth continuity after your death or loss of capacity.

Why Choose Henton Legal?

Estate law expertise: Our team has thorough working knowledge of the Wills Act 1997 (Vic), Administration and Probate Act 1958 (Vic) and related legislation, ensuring every document we draft is legally valid and purpose-built for your situation.

Tailored solutions: We do not offer template documents. Every estate plan is designed around your family structure, asset profile and personal intentions.

Bilingual service: Estate planning involves significant legal terminology. We provide legal services in both English and Chinese, ensuring you fully understand every document you sign.

Whole-family perspective: We consider not just asset distribution but also how to reduce potential disputes, protect vulnerable family members and ensure the plan works in practice.

Other Legal Services

Beyond wills and estate planning, we also advise on commercial disputes, business setup and sale, property conveyancing and loan agreements. If you are looking for an experienced Melbourne lawyer, we are here to help.

The content on this page is provided by Henton Legal for general information purposes only and does not constitute legal advice. Please consult a qualified lawyer for advice specific to your circumstances.