Estate Planning
Comprehensive estate planning in Melbourne. Orange Legal Group prepares wills, powers of attorney, guardianship orders and superannuation binding nominations.
Frequently Asked Questions
- What happens if I die without a will?
- If you die intestate (without a valid will), your estate is distributed according to Victoria's intestacy rules under the Administration and Probate Act 1958. This statutory formula may not reflect your wishes — and may cause real hardship and dispute for those you leave behind.
- What is a testamentary trust?
- A testamentary trust is a trust created by a will that comes into existence on the death of the testator. It holds assets for beneficiaries rather than distributing them directly — providing significant tax advantages (including the ability to income-split with minor children at full adult tax rates) and asset protection.
- What is an enduring power of attorney?
- An enduring power of attorney (EPOA) is a legal document authorising a person (the attorney) to make financial decisions on your behalf. An enduring EPOA continues to operate — or only takes effect — when you lose mental capacity. Without one, a family member may need to apply to VCAT for a guardianship and administration order.
- How often should I update my will?
- You should review your will whenever there is a significant change in your circumstances — including marriage, divorce, the birth of children or grandchildren, a significant change in assets or the death of a named beneficiary or executor. At a minimum, review every three to five years.
- Does my superannuation form part of my estate?
- No. Superannuation does not automatically form part of your estate. It is distributed by the trustee of your superannuation fund — either in accordance with a valid binding death benefit nomination or at the trustee's discretion. A binding nomination is essential to ensure your super goes to the right people.