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HomeAreas of LawWills, Probate & Estates

Wills, Probate & Estates

Few of us like to think about what happens after we're gone — but a clear, valid will is one of the kindest things you can leave behind. Whether you're putting your affairs in order or stepping in to administer the estate of someone you've lost, Pasha Legal will guide you, gently and clearly, every step of the way.

How we help

How we help with wills, probate & estates

Estate work spans two very different moments. The first is planning ahead — making a will, appointing the people who'll speak for you, and making sure your wishes are recorded properly so they actually hold up. The second is what happens afterwards — applying for probate, gathering and protecting assets, paying debts, and distributing what's left to the right people, in the right order. We act on both sides of that line, with the same plain-English care.

For more than 25 years we've helped Melbourne families through these moments — quietly, without jargon, and at the pace you need. We'll tell you honestly what does and doesn't require a lawyer, give you a fixed quote where we can, and make sure nothing important is missed. If a will is being contested, or an executor isn't doing their job, we can step in and protect what matters too.

Plain English Fixed quotes where we can No pressure
Pasha Legal in Melbourne's legal precinct

What we can help with

From a simple will to a complex estate.

A valid will means your assets go where you intend, your loved ones are spared avoidable conflict, and the person you trust is the one who carries out your wishes. Without one, Victoria's intestacy rules decide who inherits — and that may not reflect what you would have wanted. Here's where we can help.

Wills

A clear, properly witnessed will that records exactly who inherits, names your executor, and can include guardians for young children and specific gifts. We'll review and update an existing will too.

Powers of attorney

Enduring powers of attorney (financial) and medical treatment decision-makers, so someone you trust can act for you if illness or age means you can't manage things yourself.

Appointment of guardians

Naming who should care for your children, and appointing a guardian to make personal and lifestyle decisions for you if you lose the capacity to make them yourself.

Probate & letters of administration

Applying to the Supreme Court of Victoria for the authority to deal with an estate — a grant of probate where there's a will, or letters of administration where there isn't.

Estate administration

Helping executors do the job properly — calling in assets, paying debts and tax, keeping records, and distributing the estate to beneficiaries in the correct order.

Estate disputes & family provision claims

Where a will is unfair, unclear or improperly made, or an eligible person has been left without adequate provision, we advise on and run family provision claims and other estate disputes.

What does an executor actually do? An executor is the person you name in your will to carry out your wishes. Their job is to locate the will, apply for probate if it's needed, gather in the assets, pay any debts, funeral expenses and tax, and then distribute what remains to the beneficiaries. It's a position of real responsibility, and an executor can be held personally accountable if it's done poorly — so many people are glad of a solicitor's hand alongside them.

And what is probate? Probate is the Supreme Court of Victoria's official recognition that a will is valid and that the named executor has authority to act. Banks, share registries and the Land Titles Office will often ask to see a grant of probate before they'll release or transfer significant assets. Where there is no will, a close relative applies instead for letters of administration. Not every estate needs a grant — small or jointly-held estates sometimes don't — and we'll tell you honestly whether yours does.

How it works

A clear path, three simple steps.

Whether you're making a will or administering an estate, we keep the process calm and predictable — so you always know what's happening and what comes next.

01

Initial consultation

Tell us your situation — what you'd like to put in place, or the estate you're dealing with. We'll listen, explain your options in plain English, and answer your questions. No obligation.

02

A clear plan & costs

We set out exactly what's needed — the documents to prepare or the steps to apply for probate — with a written quote and realistic timeframes before any work begins. No surprises.

03

We act for you

We prepare and finalise your documents, or handle the court application and administration for you — keeping you informed at every stage until everything is properly in place.

Common questions

Wills, probate & estates — answered.

Do I really need a will?
If you own anything of value, have children, or simply want a say in who receives what, a will is worth having. Without one you die "intestate", and a fixed legal formula under Victorian law decides who inherits — which may leave out people you'd want to provide for, and often makes the process slower and more stressful for those you leave behind. A will lets you choose your executor, name guardians for young children, and make specific gifts to the people and causes that matter to you.
What makes a will valid in Victoria?
Generally, a will must be in writing, signed by you, and witnessed by two adults who are present at the same time and who are not beneficiaries under the will. You also need the mental capacity to understand what you're doing and to be making the will freely. Small mistakes — an unwitnessed signature, a beneficiary acting as a witness, or unclear wording — can cause real problems later, which is exactly why having it prepared properly is worth it.
How long does probate take in Victoria?
It depends on the estate, but a straightforward application is often granted by the Supreme Court of Victoria within a few weeks of being lodged, once the required notice period and paperwork are complete. Administering the whole estate — gathering assets, paying debts and tax, and distributing the balance — usually takes several months, and longer if assets are complex or a dispute arises. We'll give you a realistic timeframe for your specific situation at the outset.
What happens if someone dies without a will?
When there's no valid will, the estate is distributed under Victoria's intestacy rules, which set a fixed order of who inherits — usually a spouse or domestic partner and children first, then other relatives. A close family member generally applies to the court for letters of administration to gain authority to manage the estate. We help families through this process, which can be more involved than where a will exists, with patience and clarity.
Can a will be challenged or contested?
Yes. In Victoria, certain eligible people — such as a partner, child or someone the deceased had a responsibility to provide for — can bring a family provision claim if they feel they've been left without adequate provision for their proper maintenance. A will can also be challenged on grounds such as lack of capacity or undue influence. These claims are time-sensitive, so if you're considering one, or defending an estate against one, it's important to get advice early.
What's the difference between a power of attorney and a will?
A will takes effect after you die and says who inherits your assets. A power of attorney works while you're alive — it lets someone you trust make financial or, with a medical treatment decision-maker, health decisions on your behalf if you become unable to make them yourself. They do very different jobs, and most people benefit from having both in place. We can prepare them together so your affairs are covered in life and after it.

Talk to us about your wills, probate & estates matter

Whether you're planning ahead or settling the affairs of someone you've lost, we'll guide you with care and plain English. Your first consultation is completely confidential.

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