Standard Will vs Testamentary Trust Will
Effective estate planning for personal and business assets, focusing on tax changes, family law property division, and superannuation fund wealth.
Read article →Estate Planning
& Probate
Review estate planning after family change.
Separation, divorce, new relationships, children, blended families, property settlement and business ownership all change what your estate plan should look like. We help you make sure your documents still reflect your wishes.
- Review after
Separation / divorce
- Documents
Wills, POAs, super
- For executors
Probate support
- Coordinated with
Family law settlement
What estate planning means.
Estate planning involves preparing documents that set out how your estate should be managed and distributed, who should make decisions if you cannot, and how your family should be protected.
Major family changes often make estate planning more important. Separation, divorce, new relationships, children, blended families, property settlement and business ownership may all affect what documents are needed.
Estate administration and probate may also arise when a person dies and an executor needs to manage the estate.
Review estate planning after family change.
Relationship changes can affect who you want to benefit from your estate, who should act as executor and who should make decisions if you are unable to. Existing documents may no longer reflect your wishes - and may not be automatically updated by separation or divorce.
Our approach
Estate planning works when instructions are clear.
Advice helps reduce the risk of unclear wishes, omitted people, misunderstood executor responsibilities or avoidable disputes later.
Family change understood.
We understand how separation, divorce, new partners and blended families affect estate planning.
Clear document advice.
We explain what documents may be needed and why - without selling a "package" you don't need.
Practical planning.
We help you make decisions about executors, beneficiaries and responsibilities - and the conversations that go with them.
Probate support.
For executors, we guide you through probate and estate administration requirements step by step.
How it works
The Estate Planning process.
Estate planning depends on family structure, assets, relationships and future wishes. Probate and estate administration depend on estate documents, asset structure and executor obligations.
01
Understand circumstances
Review family structure, assets, existing documents and key concerns.
02
Identify documents needed
Advise whether you need a will, decision-making documents or probate assistance.
03
Prepare or review
Draft or review documents so they reflect your instructions and circumstances.
04
Execute properly
Guide signing requirements and storage considerations.
05
Support administration
Guide executors through probate and administration steps if required.
Frequently asked questions
Advice from our family law team.
Should I update my will after separation?
You should review your estate planning after separation or divorce to make sure it still reflects your wishes.
What documents might I need?
This may include a will and documents dealing with financial, medical or personal decision-making.
What is probate?
Probate is a court process that may confirm the authority of an executor to administer an estate.
What if I have children from a previous relationship?
Blended family arrangements should be considered carefully when planning your estate.
Can estate planning be coordinated with property settlement?
Yes. Property settlement, conveyancing and estate planning can overlap and may need coordinated advice.
What should an executor do first?
An executor should locate the will, identify assets and debts, protect estate property and obtain advice about probate or administration duties.
Does divorce automatically cancel my will?
In Victoria, divorce generally revokes gifts to a former spouse and their appointment as executor under a will, unless the will shows a contrary intention. Separation alone does not have this effect, so your existing will may still operate until a divorce order takes effect.
What happens if someone dies during family law property proceedings?
If property proceedings were started before the death, they may generally be continued by or against the deceased person's estate, and any order made may be enforced by or against the estate. This is one reason family law and estate planning advice often need to be coordinated.
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Family law support across Melbourne.
Choose the office that best suits your matter, travel and appointment preference. Every location connects to the same specialist family law team.
- Ready when you are