Why You Need a Will
If you die without a valid will (intestate), Victoria law determines who gets your assets — and it may not be who you'd choose. Your super and life insurance are handled separately through your fund's binding death benefit nomination.
What Makes a Valid Will in VIC
- You must be 18+ and of sound mind
- The will must be in writing
- It must be signed by you in the presence of 2 witnesses (who are not beneficiaries)
- Both witnesses must sign in your presence
Options for Making a Will
| Method | Cost | Best For |
|---|---|---|
| DIY will kit | $30–$50 | Simple estates with no complex assets |
| Online will service | $100–$300 | Straightforward situations with some guidance |
| Solicitor | $300–$1,500 | Complex assets, blended families, business owners |
| Public trustee | Free–$200 | Low-cost option — the VIC public trustee may prepare wills for free |
Probate in VIC
After death, probate is the court process that validates the will and authorises the executor to distribute assets. Probate fees in VIC: Based on estate value — from $0 (under $50,000) to ~$4,500 (over $1M). Applied for through the Supreme Court of Victoria.
Frequently Asked Questions
What happens if I die without a will?
In Victoria, your assets are distributed according to intestacy rules — typically to your spouse first, then children. It may not match your wishes and can cause significant delays and disputes.
Does my will cover my super?
No. Super is held in a trust and distributed according to your binding death benefit nomination, not your will. You need to update both separately.
How often should I update my will?
After any major life event: marriage, divorce, birth of a child, death of a beneficiary, or significant change in assets. Review every 3–5 years at minimum.