Wills & Estates in Victoria — What You Need to Know Right Now
Do You Need a Lawyer?
A lawyer becomes critical when the estate is contested or complicated: someone is threatening to challenge the will, you are considering a family provision claim, there is a dispute about whether the will-maker had capacity or was unduly influenced, the will is informal or unclear, or there is no will at all and the family structure is complex (blended families, estranged children, overseas beneficiaries). Executors also frequently need advice when assets include a business, a self-managed super fund, foreign property or significant debts, or where a beneficiary lacks capacity. For a straightforward will between two healthy adults, or a small simple estate, you may manage with quality legal information and the Probate Office's own guidance — but anytime money, capacity or family conflict is in play, get advice before you act, because executor decisions can carry personal liability.
The Law in Victoria
In Victoria, the making and validity of wills is governed by the Wills Act 1997 (Vic). A valid will must be in writing, signed by the will-maker (or by someone in their presence and at their direction), and that signature must be made or acknowledged in front of two witnesses who are present at the same time, with both witnesses then signing in the will-maker's presence. The will-maker must generally be at least 18, although the Court can authorise a will for a minor in limited circumstances. Importantly, the Supreme Court has a dispensing power (section 9): it can admit an informal document — something that does not meet the formal signing and witnessing rules — to probate if it is satisfied the deceased intended it to be their will. Marriage, divorce, and the registration or ending of a registered domestic relationship can revoke or affect a will, so a will should be reviewed after major life events.
The administration of estates is governed by the Administration and Probate Act 1958 (Vic). When there is a valid will naming an executor, that executor applies for a grant of probate; where there is no will, or no executor able to act, an eligible person applies for letters of administration. Both grants are issued by the Supreme Court of Victoria Probate Office and are the legal authority to collect assets, pay debts and distribute the estate. The executor or administrator owes duties to the beneficiaries and creditors, must keep proper accounts, and must administer the estate according to the will or the intestacy rules. The powers, duties and investment obligations of executors and trustees are further set out in the Trustee Act 1958 (Vic).
If a person dies without a valid will, they die intestate and the estate is distributed under the statutory formula in the Administration and Probate Act 1958 (Vic), as substantially reformed from 1 November 2017. In broad terms, where the deceased leaves a partner and no children — or a partner and children who are all children of that partner — the surviving partner takes the whole estate. Where there are children from another relationship, the partner takes the personal chattels and a statutory legacy (a set dollar amount, indexed periodically) plus half of any balance, with the children sharing the rest. A person must also survive the deceased by 30 days to inherit on intestacy. Intestacy rarely matches what most people would have chosen, which is the main reason to make and keep a will.
Part IV of the Administration and Probate Act 1958 (Vic) is the family provision regime — what people loosely call 'contesting a will'. An eligible person (such as a spouse or domestic partner, child, stepchild in some cases, or someone the deceased had a responsibility to provide for) can ask the Supreme Court for greater provision from the estate where they have not been adequately provided for. The Court weighs the applicant's financial need, the size and nature of the estate, the relationship and any competing claims. Under section 99 a claim must generally be commenced within 6 months of the grant.
Estate planning extends beyond the will. The Powers of Attorney Act 2014 (Vic), which commenced on 1 September 2015, consolidates enduring powers of attorney (for financial and personal matters) and supportive attorney appointments; these documents must be signed in front of two witnesses, and under section 35 one witness must be a person authorised to witness the signing of an affidavit or a registered medical practitioner. The Medical Treatment Planning and Decisions Act 2016 (Vic) allows you to make an advance care directive and appoint a medical treatment decision maker. Disputes about attorneys, supportive attorneys, guardianship and administration where a person lacks capacity are heard by VCAT's Guardianship List, not the Supreme Court. Contested will validity, construction disputes and Part IV claims are heard in the Supreme Court (Trial Division); the County Court of Victoria has jurisdiction over certain estate-related civil matters but the bulk of this work is dealt with by the Supreme Court.
Key Legislation & Courts
KEY VICTORIA WILLS & ESTATES LEGISLATION AND COURTS
Legislation:
- Wills Act 1997 (Vic) — making, validity, alteration and revocation of wills; informal-will dispensing power (s 9); minimum age 18.
- Administration and Probate Act 1958 (Vic) — probate, letters of administration, executor duties, intestacy distribution; Part IV family provision claims (6-month limit under s 99).
- Powers of Attorney Act 2014 (Vic) — enduring powers of attorney and supportive attorney appointments (commenced 1 Sept 2015; witness rule in s 35).
- Medical Treatment Planning and Decisions Act 2016 (Vic) — advance care directives and medical treatment decision makers.
- Trustee Act 1958 (Vic) — powers, duties and investment obligations of executors and trustees.
Courts and bodies:
- Supreme Court of Victoria – Probate Office (Probate Registry) — jurisdiction over grants of probate, letters of administration and reseals; applications online via RedCrest-Probate; handles caveats (expire 6 months after filing). Phone (03) 8600 2006.
- Supreme Court of Victoria (Trial Division) — contested probate, will validity/construction disputes, executor disputes, Part IV family provision claims.
- VCAT – Guardianship List — guardianship and administration orders; disputes about enduring/supportive powers of attorney.
- County Court of Victoria — certain testamentary and estate-related civil matters.
- Office of the Public Advocate — attorney and guardianship concerns.
What Happens Next — Step by Step
1
Find and secure the original will and gather the key paperwork — death certificate, asset and debt details, and the deceased's identity and beneficiary information.
2
Confirm your role: are you the named executor (apply for probate) or, where there is no will or executor, an eligible person who should apply for letters of administration through the Supreme Court Probate Office.
3
Note the critical dates — in particular the 6-month family provision deadline running from the grant, and the 6-month life of any caveat — and avoid distributing the estate before the provision window closes.
4
Prepare and lodge the application online via RedCrest-Probate, meeting the Wills Act and Administration and Probate Act requirements, and respond to any requisitions from the Probate Office.
5
Get tailored advice before acting if there is any dispute, capacity question, complex asset, or possible claim — book a fixed-fee consultation with an admitted Australian lawyer through Legal Hotline.
Mistakes to Avoid
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Missing the 6-month family provision deadline — a Part IV claim under the Administration and Probate Act 1958 (Vic) generally must be started within 6 months of the grant, and distributing or delaying past it without advice can cost you the claim or expose the executor.
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Distributing the estate too early — an executor who pays out beneficiaries before the provision window closes (or before debts are properly resolved) can be personally liable to a successful claimant.
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Treating a homemade or unsigned document as automatically valid — Victoria's formal requirements (signed, two witnesses present together) matter, and while the Court can admit an informal will under its dispensing power, that is not guaranteed and is its own contested process.
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Forgetting to update a will after major life events — marriage, separation, divorce or a new relationship can change how a will operates, and an out-of-date will can defeat your intentions or trigger intestacy.
Likely Outcomes
For an uncontested estate, the realistic outcome is a grant of probate or letters of administration issued by the Probate Office, after which the executor or administrator collects assets, pays debts and distributes the estate. Simple grants are often issued within a few weeks of a complete application, though advertising and document requirements add time, and most executors aim not to distribute until after the 6-month family provision window has passed. In a successful Part IV family provision claim, the Court can redistribute the estate to make adequate provision for an eligible person — awards range widely, from a modest lump sum to a substantial share, depending on need, the estate's size and the relationship; these claims must be commenced within 6 months of the grant and can take many months to resolve, often settling at mediation. Where the deceased left no valid will, the estate is distributed under the intestacy formula — a surviving partner may take the whole estate, or share it with children where there are children from another relationship. A caveat lodged in the Probate Office can stop a grant pending a dispute, but it expires 6 months after filing unless extended. A will can also be declared invalid for lack of capacity, undue influence or improper execution — the estate then passes under a prior valid will or on intestacy — or the Court may instead admit an informal document using its dispensing power. The Court can also remove or substitute an executor or administrator and order proper accounting and distribution.
Grant of probate / letters of administration
Issued by the Supreme Court Probate Office via RedCrest-Probate; simple complete applications are often granted within a few weeks, giving the executor or administrator authority to deal with assets.
Family provision (Part IV) order
The Court redistributes the estate for an inadequately provided eligible person — from a modest lump sum to a substantial share; must be commenced within 6 months of the grant, often settled at mediation.
Intestacy distribution
No valid will means the statutory formula applies — a surviving partner often takes the whole estate, but shares with children where there are children from another relationship (partner takes chattels, a statutory legacy and half the balance).
Will declared invalid / executor removed
A will set aside for lack of capacity, undue influence or improper execution falls back to a prior will or intestacy; the Court can also remove or substitute an executor and order proper accounting.
Legal Aid in Victoria
Victoria Legal Aid (legalaid.vic.gov.au) provides free legal information and some advice, but be realistic about its scope: VLA's funding is focused on criminal, family and certain civil matters, and it generally does not provide grants of assistance for routine will-drafting or for most will disputes and family provision claims. It is still a useful starting point for plain-English information and for being pointed to the right service. For wills and estates specifically, other free or low-cost options include the Supreme Court of Victoria Probate Office (which publishes self-help guidance for executors and can be reached on (03) 8600 2006), community legal centres (which may assist depending on means and the type of matter), the Law Institute of Victoria's referral service, and the Office of the Public Advocate for questions about enduring powers of attorney, supportive attorneys and guardianship. Many private wills and estates lawyers also offer a fixed-fee first consultation, which can be a cost-effective way to understand where you stand before committing to a contested matter.
How Legal Hotline Can Help
Legal Hotline is a free, 24/7 AI-assisted legal information service from Platfirm AI. We are not a law firm and we do not give legal advice. What we do is help you understand the landscape quickly: what a valid will requires in Victoria, how probate and letters of administration work through the Supreme Court Probate Office, who can bring a Part IV family provision claim and the strict 6-month deadline, what happens on intestacy, and how enduring powers of attorney fit in. We help you work out the right questions to ask and whether your situation is the kind that needs a lawyer. When it does, we can book you a fixed-fee consultation with an admitted Australian lawyer, so you get tailored advice on your actual circumstances at a known price. The clear line is this: information from us (general, free, 24/7); advice from an admitted lawyer about your specific estate (booked through us).
Frequently Asked Questions — Wills & Estates in Victoria
What makes a will valid in Victoria?
Under the Wills Act 1997 (Vic) a will must be in writing, signed by the will-maker (or by someone at their direction in their presence), and witnessed by two adults who are present at the same time and who also sign in the will-maker's presence. The will-maker must generally be at least 18. If a document does not meet these rules, the Supreme Court may still admit it under its dispensing power (section 9) if satisfied the deceased intended it to be their will.
How do I apply for probate in Victoria?
Probate is granted by the Supreme Court of Victoria Probate Office, and applications are lodged online through RedCrest-Probate. You will generally need the original will, the death certificate, and details of the estate's assets and liabilities. Where there is no will or no executor able to act, an eligible person applies for letters of administration instead. The Probate Office can be reached on (03) 8600 2006.
Can I contest a will in Victoria, and who is eligible?
Yes — through a family provision claim under Part IV of the Administration and Probate Act 1958 (Vic). Eligible people include spouses and domestic partners, children, certain stepchildren and others the deceased had a responsibility to provide for. The Court looks at financial need, the size of the estate, the relationship and competing claims. Eligibility is a legal test, so it is worth getting advice on whether you qualify.
What is the time limit to contest a will?
A Part IV family provision claim generally must be commenced within 6 months of the date the grant of probate or letters of administration was made (section 99). After that, you usually need the Court's leave (permission) to proceed, which is not guaranteed and cannot be given once the estate has been fully distributed. Because the deadline runs from the grant rather than the death, it is important to find out when the grant was made and act quickly.
What happens if someone dies without a will in Victoria?
They die intestate and the estate is distributed under the statutory formula in the Administration and Probate Act 1958 (Vic), as reformed from 1 November 2017. Broadly, a surviving partner takes the whole estate where there are no children or where all the children are also the partner's; where there are children from another relationship, the partner takes the chattels, a statutory legacy and half the balance, with the children sharing the rest. Someone eligible must apply for letters of administration to deal with the estate.
What is a caveat in probate and how long does it last?
A caveat is lodged in the Probate Office to stop a grant being made while a dispute is sorted out — for example, where someone questions the validity of the will. In Victoria a probate caveat expires 6 months after filing unless it is extended (or sooner if the Registrar gives notice and no objection is filed). It is a serious step, so understand the grounds and consequences before lodging one.
Do I need an enduring power of attorney as well as a will?
They do different jobs. A will only operates after death; an enduring power of attorney under the Powers of Attorney Act 2014 (Vic) lets someone manage your financial and personal affairs while you are alive but unable to do so yourself. Many people prepare both, plus an advance care directive and medical treatment decision maker under the Medical Treatment Planning and Decisions Act 2016 (Vic), as a complete estate plan.
Where are will and estate disputes heard in Victoria?
Contested probate, will validity and construction disputes, and Part IV family provision claims are heard in the Supreme Court of Victoria (Trial Division). Grants themselves are dealt with by the Supreme Court Probate Office. Disputes about enduring powers of attorney, supportive attorneys, and guardianship or administration for people who lack capacity go to VCAT's Guardianship List, while the County Court has jurisdiction over certain estate-related civil matters.
Can an executor be removed in Victoria?
Yes. The Supreme Court can remove or substitute an executor or administrator — for example where they are failing to administer the estate properly, have a conflict of interest, or are not accounting to beneficiaries — and can order proper administration, accounting and distribution. Executors owe real duties and can face personal liability, so if you have concerns it is worth getting advice early.
How long does administering an estate take in Victoria?
It varies. A simple, complete probate application is often granted within a few weeks, but collecting assets, paying debts and finalising tax can take many months. Many executors deliberately wait until after the 6-month family provision window has passed before distributing, to reduce the risk of personal liability if a claim is made. Complex or contested estates take considerably longer.
For general information about Wills & Estates in Australia, visit our Wills & Estates Legal Hotline Australia page.