Making a Will in Victoria
Everything you need to know about creating a legally valid Will in VIC under the Wills Act 1997 (Vic) & Administration and Probate Act 1958 (Vic).
Quick Facts — VIC
Legislation
Wills Act 1997 (Vic) & Administration and Probate Act 1958 (Vic)
Witnesses Required
2 independent adults
Marriage Revokes Will?
Yes
Solicitor Cost
$500–$1,200
Will Requirements in VIC
Under the Wills Act 1997 (Vic) & Administration and Probate Act 1958 (Vic), a Will is legally valid in Victoria when the following requirements are met:
Witnessing Rules in VIC
Two independent adult witnesses must be present together when the testator signs. Witnesses must sign in the presence of the testator. Witnesses should not be beneficiaries.
Marriage & Divorce Effects on Your Will
Effect of Marriage
Marriage automatically revokes an existing Will unless made in contemplation of that specific marriage.
Effect of Divorce
Divorce revokes appointments and gifts to the former spouse. The former spouse is treated as having predeceased the testator.
Informal Wills in VIC
Section 9 of the Wills Act 1997 allows the court to dispense with formal requirements if satisfied the document embodies the testamentary intentions of the deceased.
While informal Wills may be recognised in certain circumstances, relying on one is risky. A properly executed Will avoids uncertainty and potential legal costs for your loved ones.
Family Provision Claims in VIC
Eligible persons can make a claim under Part IV of the Administration and Probate Act 1958. Eligible claimants include spouse (including de facto and registered domestic partner), children (including adopted children and step-children), former spouse, grandchildren, and members of the household.
Unique Considerations for VIC
- VCAT can authorise a statutory Will for a person who lacks testamentary capacity
- Strong provisions for de facto and registered domestic partners
- Time limit for family provision claims is 6 months from grant of probate
- Victoria has a comprehensive online probate application system
Cost of Making a Will in VIC
Traditional Solicitor
$500–$1,200
One-off, per revision
ezyWill
$99/year
Unlimited updates included
How to Create Your Will in VIC
Sign Up Free
Create your free ezyWill account. No credit card required.
Answer Guided Questions
Our guided questionnaire covers everything needed for a valid Will under Wills Act 1997 (Vic) & Administration and Probate Act 1958 (Vic).
Download Your Will
Review your professionally formatted Will and download the PDF.
Sign with Witnesses
Sign your Will in the presence of two independent adult witnesses in VIC. Both witnesses must also sign.
Frequently Asked Questions — VIC
Is an online Will legally valid in Victoria?
Yes. Under the Wills Act 1997, a Will is valid in Victoria when it is in writing, signed by the testator in the presence of two witnesses, and both witnesses sign in the presence of the testator. The method of creation (online, typed, or handwritten) does not affect legal validity.
What happens if I die without a Will in Victoria?
If you die intestate in Victoria, the Administration and Probate Act 1958 governs distribution. Your spouse generally receives the first $451,909 (indexed) plus personal chattels, and the remainder is divided between spouse and children. If there is no spouse, children inherit equally.
Can VCAT make a Will on someone's behalf in Victoria?
Yes. Victoria is unique in that the Victorian Civil and Administrative Tribunal (VCAT) can authorise a statutory Will for a person who lacks testamentary capacity. This is particularly relevant for people with cognitive impairments or disabilities who cannot make their own Will.
How long do I have to contest a Will in Victoria?
Family provision claims must be made within 6 months from the date probate is granted. The court may extend this period in exceptional circumstances, but it is generally strict about the deadline.
Does marriage cancel my Will in Victoria?
Yes. Marriage automatically revokes your existing Will in Victoria unless the Will was made in contemplation of that particular marriage. You should create a new Will after getting married.
Create Your VIC Will Today
Join thousands of Australians in Victoria who have secured their family's future with ezyWill. It takes just 20 minutes.
Get Started Free