Succession law
Wills
Direct answer
What does a standard will do?
A standard will records who should administer your estate and how your estate should be distributed after your death. Cimino & Cimino prepares Victorian wills based on your instructions, family circumstances, assets and intended beneficiaries.
When to act: A will should be made or reviewed after a marriage, separation, birth, death, major asset change or change in intended beneficiaries or executors. Do not wait for illness or loss of capacity.
Published professional fees
Pricing
Single standard will
$545 + GST
For one person requiring a standard Victorian will.
Couple’s standard wills
$981 + GST
For a couple requiring two standard Victorian wills.
These fees apply to the stated standard scope. We will confirm the retainer, inclusions, exclusions, likely disbursements and any additional work before accepting instructions.
Standard will work we can assist with
- Taking instructions about executors, beneficiaries and the intended distribution of the estate
- Considering how personally owned assets, jointly held assets, trusts, companies and superannuation interact with the estate plan
- Preparing the will and explaining its practical effect
- Arranging proper execution and witnessing
- Identifying when a testamentary trust, tax, financial or other specialist advice may be required
How the matter usually progresses
Provide initial information
Complete the will instruction sheet and provide details of your family, assets, liabilities and intended beneficiaries.
Instructions and advice
We discuss your wishes, appointment choices and any issues requiring a different or more complex estate-planning approach.
Draft and review
We prepare the will and give you an opportunity to review the names, gifts, appointments and other provisions.
Execution
The final will is signed and witnessed using the formalities required for the document.
What to provide for a standard will
- Completed will instruction sheet
- Full legal names of proposed executors and beneficiaries
- A summary of assets, liabilities, companies, trusts and superannuation interests
- Details of any existing will or estate-planning documents
- Information about any person you intend to exclude or treat differently
Common questions
Frequently asked questions
Does the advertised fee cover every type of will?
No. It applies to the stated standard-will scope. Testamentary trusts, complex structures, unusual gifts, capacity concerns, potential disputes or other additional work require a separate scope and fee.
Do jointly owned assets automatically pass under a will?
Not always. The result depends on how the asset is owned. Jointly held property, superannuation, trust assets and company interests may require separate consideration.
Can a couple make one will?
Each person ordinarily signs their own will. A couple’s standard-wills service therefore involves preparing two separate wills after considering the instructions and any potential conflicts.
Further information
More about this service
Protect Your Assets with Wills and Estate Lawyers in Melbourne
Planning for the future is essential, especially when it comes to safeguarding your assets and ensuring your legacy. This is where the expertise of Cimino & Cimino’s wills and estate lawyers in Melbourne comes into play. By seeking the guidance and assistance of our legal professionals, you can take the necessary steps to protect your assets and ensure they are distributed according to your wishes.
By seeking the guidance and assistance of our legal professionals, you can take the necessary steps to protect your assets and ensure they are distributed according to your wishes.
Our wills and estate lawyers can help you develop an estate plan that considers your unique circumstances and preferences. This may involve drafting a will, setting up trusts, establishing powers of attorney, and making arrangements for medical care in the event of incapacitation. By working with an estates lawyer, you can be confident that your estate plan is tailored to your needs and meets all legal requirements.
In addition to providing legal guidance and advice, Cimino & Cimino’s wills and estate lawyers can help you navigate complex legal processes, such as probate and estate administration. They can assist in the distribution of assets, resolving disputes, and ensuring that your will is carried out without any issues.
Succession Law and Probate can be complex
The law of succession in Victoria, Australia, governs the distribution of a person’s property and assets after they pass away. This includes determining who inherits the deceased’s property and how much they are entitled to receive.
Under the law of succession in Victoria, a person’s property is generally distributed according to their will, if they have one. If they do not have a will, their property is distributed according to the rules of intestacy, which are set out in the Administration and Probate Act.
The rules of intestacy provide a formula for distributing a person’s property among their next of kin, with priority given to their spouse, children, and other close relatives. This distribution may differ depending on the specific circumstances of the deceased person, such as whether they had children, were married, or had any surviving parents or siblings.
The formula may not adhere to the testators wishes.
Our succession law and probate lawyers operating throughout Melbourne can assist you in navigating the legal process of administering an estate, which may include applying for probate, managing assets, resolving disputes, and distributing property to beneficiaries. They can also provide guidance on complex legal issues such as tax implications, trusts, and the validity of wills.
Wills and Estate Lawyers in Melbourne
Managing an estate goes beyond just drafting a will—it’s about ensuring that your wishes are executed precisely and legally. Our Wills and Estate Lawyers in Melbourne provide a seamless experience in estate planning, offering more than just generic advice. We focus on tailored solutions that respect your wishes and the unique aspects of your estate.
With the complexities surrounding estate laws, many individuals overlook the potential pitfalls that can arise. It’s not just about who inherits your assets but also how they are managed and protected after you’re gone. This is where our team’s deep understanding of the local legal landscape comes into play. We help you navigate through the complexities, ensuring that your estate is managed in the most effective way possible.
Why Consider a Will?
Ensure your affairs are in order for the small price of a Will. Do not assume your estate will automatically pass to the people you want it to. A will is your voice after you pass, guiding your loved ones and ensuring that your assets are distributed according to your wishes. Without a will, you leave the distribution of your estate up to the laws of intestacy, which might not reflect your personal wishes.
The Importance of a Testamentary Trust
For more complex estates, a Testamentary trust may be more appropriate than a will. This type of trust can provide greater control over the distribution of your assets, ensuring that your beneficiaries receive their inheritance in a manner that mitigates potential risks such as creditors or divorce settlements. You can create a testamentary trust that meets your needs and offers strong protection for your assets with the help of our Wills and Estate Lawyers in Melbourne. Contact us for Personalized Legal Solutions. Our wills and estate lawyers aim to simplify the entire process, from preparing your will to distributing assets and planning or structuring a trust. We offer a Free initial consultation appointment if you wish to discuss further. Call us to discuss your situation further.
This page contains general information only and is not legal advice. The legal work and advice required depend on the documents, parties, transaction and current law. Other professional advice may also be required.
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