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Wills & estates

A Will is a written document that sets out what you want to happen to your possessions (your ‘estate’) after you die. Your estate includes any goods you own at the time of death, including cash, savings and investments.

A Will can be made by anyone aged over 18, as long as they have the mental capacity to understand what they are doing. A person under 18 can only make a Will if they are married or get a court order to authorise making a Will.

To be official, a Will must be:

  • in writing
  • signed by two witnesses, present when the Will-maker signs the Will and using the same pen
  • dated at the time of signing
  • made of the person’s own free will, without pressure from anyone else.

Marriage, separation and divorce affect the validity of a Will. See the ‘Wills and relationships’ page for more information.

The Probate Office of the Supreme Court Registry deals with all applications for grants of probate and administration of deceased estates in Victoria. The Supreme Court can make orders about:

  • whether a Will is valid
  • the appointment of an executor or administrator
  • the administration of deceased estates.

More information

Wills & estates – frequently asked questions

Wills & relationships

Related publications

Securing their future

Related websites

Supreme Court of Victoria – Probate Office (new window)

How we can help

Victoria Legal Aid doesn’t give legal advice about making or challenging Wills, but our free Legal Information Service may be able to give you some information over the phone. We may also be able to refer you to another organisation that can help you. You can speak to a legal information officer in English or ask for an interpreter.

Phone (03) 9269 0120 or 1800 677 402 (country callers), Monday to Friday from 8.45 am to 5.15 pm.

To find out more about any of our legal services see What we do.

Who else can help?

The Law Institute of Victoria's (LIV) legal referral service can put you in touch with a Wills and Estate solicitor. With a LIV referral letter, participating law firms will see clients free of charge for up to the first 30 minutes.

Search LIV's legal referral service database (new window) to find a lawyer.

Your local community legal centre (CLC) may provide advice on preparing a Will, changing the terms of a Will, challenging the terms of a Will, and probate.

See the Community Law website (new window) for CLC contact details.