Our Services

Wills and Estates

Expert Wills and Estate Lawyers in Geelong & Torquay

Planning for the future is one of the most important steps you can take to protect your loved ones. At Cornish Lawyers, our experienced Wills and Estate lawyers can help you prepare a legally valid Will, manage estate administration, and guide you through the probate process with care and clarity.



Wills


A Will is a legal document that outlines how you would like your estate to be distributed after your death. Your estate may include real property, such as your home or land, as well as assets like cars, shares, savings, and personal items like jewellery or memorabilia.


 


Your estate may also include rights held within a company or trust, although the company or trust itself cannot form part of your estate, as these are separate legal entities. It’s also important to note that your superannuation, life insurance and jointly owned property (as joint tenants) are not automatically included in your estate. Any adult with legal capacity can make a Will. If there are concerns about a person’s capacity to make a Will, medical evidence will be needed to confirm their soundness of mind.


 


Legal Requirements for a Valid Will


For your Will to be legally valid in Victoria, it must:



  • Be signed by the Will maker;

  • Be witnessed by two people on the same day;

  • Be made by a person who has testamentary capacity (understands the nature and effect of the Will).


It’s also recommended that your Will include a clause revoking any previous Wills, ensuring there is no confusion about your final intentions.


 


At Cornish Lawyers, we can help you:



  • Draft a clear and legally binding Will;

  • Update an existing Will to reflect your current wishes;

  • Advise on appointing executors and guardians;

  • Ensure your assets are distributed in accordance with your wishes.


Probate and Estate Administration


Probate is the legal process that gives authority to the executor of a Will to manage and distribute the deceased’s estate. To apply for probate, the executor must identify all of the deceased’s assets and liabilities and prepare documentation for the Supreme Court of Victoria.

 

Our team of probate and estate administration lawyers can assist by:

  • Identifying and contacting all relevant financial institutions;
  • Preparing and lodging probate applications;
  • Managing communication between beneficiaries;
  • Assisting with asset collection, payment of debts, and final distribution.

Once probate has been granted, the executor is legally entitled to handle the estate. This includes:

  • Calling in assets (such as selling property or transferring funds);
  • Paying any outstanding debts or liabilities;
  • Distributing the estate according to the Will.

The administration process can take several months, depending on the complexity of the estate. Cornish Lawyers can help you navigate this process efficiently, reducing stress and ensuring all legal obligations are me

Wills and Estate lawyers in Geelong providing probate and estate planning advice.

Frequently Ask Questions

While it’s possible to make your own Will, even small mistakes can cause confusion or disputes later. Having a lawyer prepare your Will ensures it meets all legal requirements and accurately reflects your wishes.

If you pass away without a valid Will, you are said to have died intestate. In this case, your estate will be distributed according to Victorian law, which may not align with your personal wishes.

You should review your Will every few years or whenever major life events occur such as marriage, divorce, the birth of a child, or significant financial changes.

Probate is a legal process that confirms the validity of a Will and gives the executor authority to manage the deceased’s estate. It’s often required when the estate includes real estate or significant financial assets.

The probate process typically takes between 6–12 weeks after the application is submitted, though larger or more complex estates may take longer to administer.

Yes. If a loved one has died without a Will, we can help you apply for Letters of Administration and guide you through the estate distribution process.

Probate refers to obtaining the court’s approval to act on behalf of the deceased. Estate administration covers all steps taken after probate, including collecting assets, paying debts, and distributing the estate.

Why Choose Cornish Lawyers



  • Experienced in Wills, Probate, and Estate Administration

  • Compassionate and practical guidance

  • Fixed-fee or transparent pricing options

  • Based in Geelong, serving clients across Victoria


Whether you’re planning ahead or dealing with the loss of a loved one, our lawyers provide tailored advice to make the process simple and stress-free


GET IN TOUCH WITH US TODAY

Contact our experienced divorce attorney in Geelong today to schedule a consultation. Our team of dedicated professionals is ready to assist you with your divorce proceedings and guide you through the legal process with compassion and competence.

Get in Touch
Liability limited by a scheme approved under Professional Standards Legislation