Why You Need a Will in Victoria
Many people believe that making a Will is only necessary for wealthy individuals. In reality, almost everyone should have a Will. If you own a home, have savings, run a business, or simply want to ensure your loved ones are looked after, having a valid Will is essential.
A Will is a legal document that sets out how your assets, property and personal belongings will be distributed after your death. It also allows you to appoint trusted people to manage your estate and care for your children.
Without a Will, the law decides what happens to your estate — and the outcome may not reflect your wishes.
What Happens If You Die Without a Will in Victoria?
If a person dies without a valid Will, they are considered to have died “intestate”. In Victoria, the distribution of an estate without a Will is governed by the Administration and Probate Act 1958 (Vic). The law determines who receives the estate using a strict legal formula.
Distribution of an Estate Without a Will (Victoria)
| Family Situation | Who Inherits |
| Spouse or partner and no children | Spouse receives the entire estate |
| Spouse and children from the same relationship | Spouse receives the entire estate |
| Spouse and children from another relationship | Spouse receives personal belongings, a statutory legacy and part of the estate |
| Children but no spouse | Children inherit the estate equally |
| No spouse or children | Parents inherit |
| No parents | Brothers and sisters inherit |
| No siblings | Nieces and nephews inherit |
| No close relatives | Grandparents or extended family may inherit |
| No eligible relatives | Estate passes to the State of Victoria |
Key Reasons to Make a Will
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You decide who receives your assets and personal belongings.
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You can appoint a trusted executor to manage your estate.
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You can nominate guardians for minor children.
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A clear Will reduces the risk of family disputes.
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You can include funeral or burial instructions.
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Protect Business Interests
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A well-structured Will may help with tax planning and asset protection.
When Should You Update Your Will?
You should review your Will regularly, particularly after major life events such as marriage, divorce, the birth of children, purchasing property, or changes to your financial circumstances. Many legal professionals recommend reviewing your Will every three to five years.
Seek Professional Advice
While DIY Will kits are available, they often fail to address complex family structures, tax issues, or business ownership. A solicitor can ensure your Will is legally valid, properly witnessed, and structured to minimise future disputes.
Final Thought
Making a Will is not just about distributing assets — it is about protecting your family and ensuring your wishes are respected.
Without a Will, the law decides who inherits your estate and who manages it.
By preparing a legally valid Will, you can provide certainty, reduce stress for your loved ones, and ensure that your legacy is passed on according to your wishes.
