Wills & Powers of Attorney
Practical advice to help protect your wishes and plan for the future.
Planning for the future is one of the most important steps you can take for yourself and the people you care about.
Baird & McGregor Lawyers provides practical, personalised advice on Wills, Enduring Powers of Attorney and Medical Treatment Decision Maker appointments for individuals and families across Ballarat, Daylesford and regional Victoria.
Wills
A Will is a legal document that sets out what you want to happen to your assets and affairs after you die.
A Will can allow you to:
Specify who will receive assets from your estate
Appoint an executor to administer your estate
Make provision concerning guardianship of children under 18
Set out how your estate is to be distributed
Your Questions, Answered
DO I NEED A WILL?We strongly recommend it. A properly prepared Will allows you to record how you want your estate to be distributed and who you want to administer it. Without a valid Will, your estate will generally be distributed according to Victorian intestacy laws, which may produce a different outcome from what you intended.
WHEN SHOULD I UPDATE MY WILL?You should review your Will whenever there is a major life change, such as marriage, separation, the birth of a child, acquiring or selling property, or changes to your financial or family circumstances.
CAN I WRITE MY OWN WILL?While it is possible to prepare your own Will, errors in drafting, signing or witnessing can create uncertainty or unintended consequences. Obtaining legal advice can help ensure your Will is appropriately prepared and reflects your circumstances and intentions.
WHO CAN BE AN EXECUTOR?An executor can be a trusted family member, friend, or professional such as a lawyer. Executors have significant legal responsibilities, so choosing the right person is important.
WHAT HAPPENS IF I DIE WITHOUT A WILL?If you die without a Will, your estate is distributed under statutory rules. This can result in outcomes you may not have intended and can cause additional stress and delay for your loved ones.
HOW MUCH DOES IT COST TO MAKE A WILL?Many Wills can be prepared on a fixed‑fee basis. Costs vary depending on the complexity of your circumstances, and this will be discussed with you before work begins.
Wills Tailored to Your Circumstances
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Straightforward Wills
We prepare Wills for individuals and couples with relatively straightforward family and asset arrangements. These may address the distribution of property and other assets, appointment of executors and guardianship arrangements for children.
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Complex Wills
We advise clients whose estate planning involves more complex circumstances, including multiple properties, business interests, trusts, blended families or significant asset holdings. Careful planning can help ensure the Will appropriately reflects your circumstances and estate planning objectives.
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Testamentary Trust Wills
A testamentary trust is established under a Will and may provide greater flexibility in how an inheritance is managed and distributed. Depending on the circumstances, testamentary trusts may be considered for beneficiaries who are children, vulnerable beneficiaries or families with more complex estate planning needs.
We can advise whether a testamentary trust structure may be appropriate for your circumstances.
Legal Requirements of a Valid Will in Victoria, Australia
In Victoria, a Will must meet specific legal requirements to be valid. These requirements are set out under the Wills Act 1997 (Vic) and must be satisfied at the time the Will is made.
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To be valid, a Will must be made by a person with testamentary capacity, meaning the person understands the nature and effect of making a Will, the extent of their assets, and the claims of those who may reasonably expect to benefit from their estate. The Will must be made voluntarily, without pressure, coercion, or undue influence
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The person making the Will must generally be at least 18 years of age, although limited exceptions apply, such as where a person is married or has court approval.
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A Will must be in writing, whether typed or handwritten.
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The Will must be signed by the testator (the person making the Will), or by someone else at their direction and in their presence. The signature must appear at the end of the document and indicate an intention that the document operate as a Will.
The signature must be witnessed by two adult witnesses, who must both be present at the same time when the Will is signed. Each witness must then sign the Will in the presence of the testator.
While not strictly required for validity, it is also important that witnesses are independent, as gifts to witnesses (or their spouses) may be void unless approved by the Court.
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If any of these requirements are not properly met, the Will may be invalid or open to challenge. Although Victorian courts have limited power to admit informal Wills in certain circumstances, relying on this is risky and often leads to disputes and delays.
Preparing for Your Wills Appointment
To help you get the most out of your appointment, we have prepared a practical checklist outlining the information you may wish to consider beforehand.
Taking a few moments to review this checklist can help ensure your instructions are clear and allow us to provide accurate and efficient advice tailored to your circumstances.
When Did You Last Review Your Will?
Your circumstances can change over time. Marriage, separation, children, changes to your assets or changes in family circumstances may mean it is appropriate to review your Will.
Regularly reviewing your estate planning helps ensure your Will continues to reflect your circumstances and wishes.
Enduring Powers of Attorney
An Enduring Power of Attorney allows you to appoint a person or people you trust to make decisions on your behalf about financial and/or personal matters.
In Victoria, Enduring Powers of Attorney are governed by the Powers of Attorney Act 2014 (Vic).
When Does an Enduring Power of Attorney Take Effect?
Immediate Effect:
You can choose for your attorney’s powers to begin as soon as the document is signed and accepted.
Loss of Capacity:
You can specify that your attorney’s powers only begin if you lose decision-making capacity (e.g., due to illness, injury, or age).
Limited Use:
You may restrict the appointment to certain matters or timeframes (e.g., only for selling a property, or only while you are overseas).
What Powers does the Attorney have?
Depending on what you choose, your attorney can help with:
Financial matters
Paying bills and managing bank accounts
Buying, selling or managing property
Handling investments, business and tax matters
Personal matters (non‑medical)
Deciding where you live
Arranging care, support services and day‑to‑day welfare
You stay in control — you can decide which powers are given, when they start, and any limits on what your attorney can do.
Legal Requirements of an Enduring Power of Attorney in Victoria, Australia
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To be valid, the person making the appointment must have capacity at the time it is made, meaning the person understands the nature and effect of making the appointment and the extent of the persons powers under such appointment.
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The person making the appointment must generally be at least 18 years of age.
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The appointment must be in writing.
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The appointment must be in writing, signed by you, and witnessed by two adults (one must be authorised to witness affidavits or be a medical practitioner).
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Your attorney(s) must formally accept the appointment in writing.
Medical Treatment Decision Makers
You can appoint a Medical Treatment Decision Maker to make medical treatment decisions on your behalf if you are unable to make those decisions yourself.
Appointments of Medical Treatment Decision Makers in Victoria are governed by the Medical Treatment Planning and Decisions Act 2016 (Vic).
When Does a Medical Treatment Decision Maker Act?
Your MTDM only makes decisions if you are unable to make or communicate your own medical choices due to illness, injury, or incapacity.
What Decisions Can a Medical Treatment Decision Maker Make?
Consent to or refuse medical treatment, including surgeries, medications, and care options.
Make decisions about your care in line with your values, preferences, and any Advance Care Directive you have made.
Ensure your wishes are respected by health professionals and hospitals.
Legal Requirements of An Appointment of Medical Treatment Decision Maker in Victoria, Australia
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To be valid, the person making the appointment must have capacity at the time it is made, meaning the person understands the nature and effect of making the appointment and the extent of the persons powers under such appointment.
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The person making the appointment must generally be at least 18 years of age.
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The appointment must be in writing.
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The appointment must be in writing, signed by you, and witnessed by two adults (one must be authorised to witness affidavits or be a medical practitioner).
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Your MTDM must formally accept the appointment in writing.
- From The BlogWills & Estate Planning Insights
Our Wills & Powers of Attorney Lawyers
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![Neale Gribble]()
Neale Gribble
Director
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![Andrew Robson]()
Andrew Robson
Special Counsel
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![Ben Wilkie]()
Ben Wilkie
Associate
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Need Advice About Your Will or Future Planning?
Contact our Ballarat or Daylesford office to arrange an appointment with one of our Wills & Estates lawyers.