Introduction

This chapter explains wills – a document that sets out how a person wants their property to be distributed after their death.

Any reader who is making a will would find it useful to read the explanation of how an estate is administered (see Chapter 9.4: Estates). This explains why it is important to write a will in the right way, and why it is important to choose an executor carefully.

The example will at the end of the chapter is a model that is simple and straightforward, however it is almost never a good idea to make a will without a lawyer. A badly drafted will can cause significant costs and issues for a person’s family after the person’s death. 

The law relating to wills, the Wills Act 1997 (Vic) (‘Wills Act 1997’), affects wills made after 20 July 1998, and wills of people who died after that date leaving a will, whenever executed.

The previous Wills Act 1958 (Vic) (‘Wills Act 1958’) may still affect wills made before 20 July 1998. If there is any doubt about which statute applies to a particular will, get legal advice.

Introduction

Chapter: 9.3: Wills

Contributor: Justin Rizzi, Barrister

Current as of: 1 September 2024

Law Handbook Page: 806

Next Section: The law of wills