Frequently Asked Questions

SafeEstate is based in Melbourne, Victoria and services clients across the Greater Melbourne metropolitan area. We come to you. Consultations take place at your home, your workplace, via video conference, or at our office, whichever is most convenient. There is no additional charge for travel within Melbourne.

Our principal holds a Bachelor of Laws and a Bachelor of Commerce (Accounting) from Deakin University. He is admitted as a solicitor of the Supreme Court of Victoria, a member of CPA Australia, and a registered tax practitioner. He also brings Big Four audit and assurance experience to every engagement.

A Will sets out how your assets are to be distributed after you pass away. A Power of Attorney, on the other hand, appoints someone to make financial or medical decisions on your behalf while you are still alive but unable to make those decisions yourself. Both documents serve different purposes and most people should have both in place.

If you pass away without a valid Will, you die "intestate" and Victorian legislation determines how your estate is distributed. This may not reflect your actual wishes. It can also lead to delays, additional legal costs, family disputes, and unintended tax consequences. Having a properly drafted Will ensures your assets go to the people you choose, in the way you choose.

A testamentary trust is a trust created within your Will that only comes into effect after you pass away. It allows your beneficiaries to receive their inheritance through a trust structure rather than as a direct distribution. This can deliver significant tax advantages, particularly for families with children, and provides asset protection against creditors, bankruptcy, and relationship breakdowns affecting your beneficiaries.

A Standard Will is best suited to straightforward situations. It is typically appropriate where you do not have complex family arrangements (such as blended families or children from previous relationships), you and your partner do not operate a business, have a self-managed super fund, or hold assets in a family trust, and you are comfortable with a direct distribution of your estate to your named beneficiaries.

A Testamentary Trust Will (Complex) is recommended if any of the following apply: you or your partner have children from a previous relationship or are estranged from a family member; you or your partner run a business, hold assets in a family trust, or have a self-managed super fund; your beneficiaries have special needs such as a disability or difficulty managing finances; or you want to discuss bespoke structuring to minimise tax and protect assets from creditors, bankruptcy, or relationship breakdowns affecting your beneficiaries.

During your consultation, we assess your situation and recommend the structure that provides the right level of protection for your circumstances. There is no obligation to proceed with a more complex structure if a Standard Will is appropriate.

Most clients have their documents signed and completed within 7–10 days of the initial consultation. At the end of your first meeting, we book a signing date so there is no delay. Your draft documents are typically ready for review within a few days. We keep the process moving because we know estate planning is something people want done properly and promptly, not something that lingers for months.

No. We do not send you a lengthy questionnaire to fill in before we meet. We gather all the information we need during the consultation itself, working through your situation together. If it helps, you might think broadly about who you would like as your executor and how you would like your assets distributed, but there is no paperwork required in advance.

No. Once your Will or Power of Attorney is prepared and executed, there are no ongoing fees. We do recommend periodic reviews, particularly after major life events such as marriage, divorce, the birth of a child, or a significant change in assets. Review consultations are quoted separately and are entirely optional.

Probate is the legal process of having the Supreme Court of Victoria confirm that a Will is valid and that the named executor has authority to administer the estate. It is essentially the court's official stamp of approval, which financial institutions, land registries, and other parties require before they will release assets to the executor.

To apply for probate in Victoria, you generally need the original Will, a death certificate, details of the deceased's assets and liabilities, and completed court forms including the executor's affidavit. The process involves advertising the intention to apply and lodging documents with the Supreme Court. SafeEstate handles the entire process on your behalf.

Not always. Probate is typically required when the estate includes real property, shares, or bank accounts above certain thresholds set by individual financial institutions. Smaller estates with only joint assets or assets below those thresholds may not require a formal grant. We can advise you on whether probate is necessary based on the specific circumstances of the estate.

In Victoria, certain eligible persons can make a claim under Part IV of the Administration and Probate Act 1958 if they believe adequate provision has not been made for them. Eligible claimants typically include spouses, children, dependants, and in some cases, grandchildren or members of the household. A well-drafted Will with documented reasoning can significantly reduce the risk of a successful challenge.

Yes. If an executor is not fulfilling their duties, acting against the interests of the estate, or there is a serious conflict of interest, an application can be made to the Supreme Court of Victoria to have the executor removed and replaced. This is a serious step and the court will consider the best interests of the beneficiaries and the proper administration of the estate.

Beneficiaries have the right to request information from the executor about the progress of the estate administration. If unreasonable delays persist, a beneficiary may apply to the court for an order compelling the executor to act or to have them replaced. We can advise on your options and, if necessary, represent your interests in court.

During the Will-maker's lifetime, a Will is a private and confidential document. Only the person who made it and their solicitor should hold copies. After the Will-maker passes away, the executor is entitled to the original Will, and once probate is granted, it becomes a public document that anyone can obtain from the Supreme Court registry for a small fee.