How to make a will in Victoria
In Victoria, a will is valid under the Wills Act 1997 (Vic) if the testator is 18 or over, has testamentary capacity, signs in writing, and is witnessed by two independent adults present at the same time. Part IV of the Administration and Probate Act 1958 (Vic) allows eligible persons to apply to the Supreme Court for family provision, so excluding a spouse, child, or dependant requires careful drafting.
The framework
Wills in Victoria are governed by the Wills Act 1997 (Vic). Family-provision claims are made under Part IV of the Administration and Probate Act 1958 (Vic). The Supreme Court of Victoria Probate Office issues grants and hears contested matters.
The process
Confirm testamentary capacity
You must be 18 or over (limited exceptions for minors under court order) and understand the nature of making a will, the extent of your estate, and the claims of those who might expect provision.
Inventory assets and liabilities
List real property (including held jointly), bank accounts, superannuation, shares, business interests, and debts. Note that jointly held property usually passes by survivorship, and super is governed by fund rules.
Choose executors
Appoint one or more executors. Consider a substitute executor if the first cannot or will not act. For complex estates, consider professional executors or a partnership appointment.
Decide beneficiaries and gifts
Decide specific gifts (items, sums) and the residue. Build in substitution clauses if a beneficiary predeceases you or disclaims a gift.
Assess family-provision risk (Part IV)
Under Part IV of the Administration and Probate Act 1958 (Vic), eligible persons — spouse, domestic partner, children, dependants — can claim further provision from the estate. Document reasons for any exclusion.
Consider guardianship and testamentary trusts
If you have minor children, nominate a guardian. Consider testamentary discretionary trusts for tax effectiveness, asset protection, or vulnerable beneficiaries.
Draft the will
Draft with a solicitor or using a reliable template. Include revocation of prior wills, appointment of executors, gifts, residue, testamentary trusts if used, and executor powers.
Sign in front of two witnesses
Sign in the presence of two independent adult witnesses present at the same time. Each witness then signs in the presence of the testator. Beneficiaries should not witness (s 11 of the Wills Act 1997 (Vic) can invalidate the gift).
Coordinate superannuation
Superannuation is not governed by the will. Complete a binding death benefit nomination with each fund so proceeds go to the estate or directly to chosen beneficiaries.
Store safely and review
Store the original will securely (solicitor's safe custody, State Trustees, or bank). Review after marriage, divorce, birth of a child, or major change in assets. Marriage generally revokes a prior will unless made in contemplation of the marriage.
Forms and templates
- No prescribed will form — use a solicitor-drafted or reliable will
- Binding Death Benefit Nomination (each superannuation fund)
Common mistakes
- Beneficiary or spouse of a beneficiary witnessing the will (risks gift invalidity under s 11)
- Not having both witnesses present simultaneously when the testator signs
- Assuming superannuation or jointly held property passes under the will
- Ignoring Part IV family-provision risk when excluding a spouse, domestic partner, or child
- Not updating the will after marriage, divorce, or birth of children
Get this process right with Quillio
Quillio drafts Victorian wills — simple, complex, and testamentary-trust — with executor powers, Part IV family-provision drafting notes, and superannuation coordination under the Wills Act 1997 (Vic). See /practice-areas/wills-estates-lawyers or start a free trial at /free-trial.
General information only — not legal advice. An invalid or poorly drafted will can result in partial intestacy, Part IV claims, or family disputes. Obtain legal advice for blended families, business interests, or complex estates.
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