Francisdaniel Lawyers
UnclaimedGardenvale · VIC · 3185
General practice — confirm they handle this matter
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Is this your firm? Claim it →Wills & Estates Lawyers · Gardenvale, VIC
Wills & Estates Lawyers in Gardenvale
No firm in Gardenvale, VIC has yet listed wills & estates lawyers as a specialty. The general practices below are local and many handle this kind of matter — call and ask.
Also in Gardenvale
General practices in the area. They haven't nominated wills & estates lawyers as a specialty, so check before you engage them.
Overview
What wills & estates lawyers actually do
Wills and estates covers two distinct situations: planning what happens to your assets, and dealing with someone else's estate after they die. The same firms usually do both.
The planning half is cheap and quick. The administration half is neither, and how much of it you face is largely determined by how well the planning was done.
The work they handle
- Drafting wills, including for blended families and business owners
- Enduring powers of attorney and guardianship appointments
- Applying for probate or letters of administration
- Administering an estate and distributing it to beneficiaries
- Contesting a will, or defending an estate against a claim
- Testamentary trusts and estate planning where tax or asset protection matters
Victoria
Where a matter like this is heard
Magistrates' Court of Victoria
Handles most criminal and traffic matters, intervention orders and smaller civil claims.
County Court of Victoria
Handles serious criminal trials, appeals and most personal injury claims.
Supreme Court of Victoria
Handles the most serious criminal matters, major commercial litigation and probate.
Victorian Civil and Administrative Tribunal (VCAT)
Handles tenancy, owners corporation, consumer, planning and guardianship matters.
- Victoria licenses conveyancers separately from solicitors, so for a straightforward purchase you have a genuine choice between the two.
- Personal injury in Victoria runs through dedicated schemes — the TAC for transport accidents and WorkSafe for workplace injuries — and firms tend to specialise in one or the other.
When to call a wills & estates lawyer
- You have children, property or a business and no valid will
- Your circumstances have changed — married, separated, a death in the family
- Someone has died and you are named as executor
- You have been left out of a will, or left less than you expected
- A family member is losing capacity and nothing is in place
What it costs
A straightforward will is usually a modest fixed fee, and powers of attorney are often bundled with it. Estate administration is different — commonly charged hourly or as a percentage of the estate, and paid from the estate rather than by you personally. Contested estates are litigation and priced accordingly.
How to choose
Cheap wills get expensive later
Most contested estates trace back to a will that was unclear, out of date, or made without advice. The saving at the front end is small relative to what a dispute costs.
Ask about your specific complication
Blended family, a self-managed super fund, a farm, a business, someone with a disability — each changes the drafting. Say so on the first call.
Executors can get help
If you have been named executor and it feels overwhelming, a firm can do as much or as little of the administration as you want.
Before you engage anyone
Check the practitioner holds a current practising certificate. In Victoria that is Victorian Legal Services Board and Commissioner, and the register is public.
Check the VIC register ↗Common questions
Is a DIY will kit valid?
It can be, if executed correctly. The common failures are witnessing errors and unclear wording, and both surface only after death when they cannot be fixed. For anything beyond the very simplest estate, the risk is poorly balanced against the saving.
What is probate?
A court order confirming a will is valid and that the executor can deal with the estate. Whether it is required depends on what the estate holds — banks and land titles offices set their own thresholds.
Who can contest a will?
Broadly, people the deceased had a responsibility to provide for — spouses, children and sometimes others who were dependent. The categories and time limits are set by state law and the deadlines are short.
Does my will cover my superannuation?
Often not automatically. Superannuation is usually dealt with by a binding death benefit nomination made with your fund, separately from your will. It is one of the most common gaps in an otherwise sound plan.
This page is general information, not legal advice. Laws differ between states and every situation turns on its own facts — speak to a qualified Australian lawyer before acting. If you cannot afford one, Legal Aid operates in every state and territory.
Other legal help in Gardenvale
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