Wills and Estates Lawyer Melbourne

A well drafted will is the single most important legal document most people will ever need, yet too many Australians put it off. At CMH Lawyers we help individuals, families and business owners across Melbourne and the Mornington Peninsula to protect their assets and provide certainty for the people who matter most.

Wills and Estate Planning

We prepare wills that reflect the full scope of your circumstances, including property, superannuation, trusts, business interests and blended family arrangements. Every will we draft is tailored to your instructions and structured to reduce the risk of future disputes.

Good estate planning goes beyond a will. We also prepare enduring powers of attorney (EPOA) under the Powers of Attorney Act 2014 (Vic), which allow a person you trust to manage your financial and legal affairs if you lose capacity. We prepare appointments of medical treatment decision maker (AMTDM) so that your healthcare preferences are respected if you are unable to communicate them yourself.

All wills and estate planning documents are prepared on a fixed fee basis. We agree the fee with you before any work begins, so there are no surprises.

Probate and Letters of Administration

When a person dies, someone must be authorised to deal with their assets. If the deceased left a valid will, the executor applies to the Supreme Court of Victoria for a grant of probate. If there is no valid will, an eligible person applies for letters of administration, and the estate is distributed according to the rules of intestacy set out in the Administration and Probate Act 1958 (Vic).

We handle probate and administration applications from start to finish, including the preparation of the inventory of assets and liabilities, notices to creditors and the court filing process. We also advise executors and administrators on their duties and potential personal liability.

Contesting a Will in Victoria

Part IV of the Administration and Probate Act 1958 (Vic) allows eligible persons to bring a testator family maintenance (TFM) claim if they believe a deceased person's will does not make adequate provision for their proper maintenance and support. Eligible applicants include spouses, domestic partners, children (including adult children) and, in some cases, grandchildren or other dependants.

A TFM claim must generally be filed within six months from the date the grant of probate or letters of administration is made. Courts have a discretion to extend time, but late applications are scrutinised carefully and are by no means guaranteed. If you believe you have been left without adequate provision, we strongly recommend seeking advice promptly.

Estate Disputes

Estate disputes extend beyond TFM claims. We also act in matters involving challenges to the validity of a will on grounds of undue influence, lack of testamentary capacity, or failure to comply with formal requirements. Where disputes arise between executors, beneficiaries or creditors, we work to resolve them efficiently, including through mediation where appropriate. Our principal, Clinton Hodgart, is a nationally accredited mediator (NMAS) and understands the value of early resolution in estate matters.

If you are involved in a civil dispute related to an estate, or if an estate involves property issues such as co-ownership or caveats, we can advise on the full range of legal options available.

Frequently Asked Questions

How much does a will cost in Melbourne?

CMH Lawyers offers wills and estate planning documents on a fixed fee basis. We agree the fee with you before any work begins so there are no surprises. The fee depends on the complexity of your estate and the documents you need. Contact us on (03) 8488 6665 for a quote.

What is an enduring power of attorney in Victoria?

An enduring power of attorney (EPOA) is a legal document that allows you to appoint a trusted person to make financial and legal decisions on your behalf if you lose the capacity to do so yourself. In Victoria, EPOAs are governed by the Powers of Attorney Act 2014 (Vic).

How long do I have to contest a will in Victoria?

Under Part IV of the Administration and Probate Act 1958 (Vic), a testator family maintenance (TFM) claim must generally be brought within six months from the date probate or letters of administration is granted. Extensions are possible but not guaranteed, so you should seek legal advice promptly.

What is the difference between probate and letters of administration?

Probate is the court process that confirms a will is valid and authorises the executor to administer the estate. Letters of administration are granted when a person dies without a valid will (intestate) or when the named executor cannot or will not act. Both applications are made to the Supreme Court of Victoria.

Do I need a lawyer to make a will in Victoria?

There is no legal requirement to use a lawyer, but a poorly drafted will can lead to disputes, unintended outcomes, or a will being declared invalid. A lawyer ensures your will is correctly executed, covers complex assets such as trusts or business interests, and includes appropriate provisions for dependants.