Connect with Us

Empowering You. Creating Choices. Successful Outcomes.

Wills & Estates

Wills & Powers of Attorney

It is vital to have in place effective and valid Will and Power of Attorney documents, to enable your Estate to be dealt with in accordance with your wishes on your passing or if you require assistance with, or are unable to continue to make financial, personal and medical decisions during your lifetime, to ensure that these decisions are made by a person you nominate in accordance with your wishes.

A Will, Enduring Power of Attorney and Appointment of Medical Treatment Decision Maker are essential documents all adults should have.

At the core of any Estate Plan are the below critical documents:

  • A Will is a document which takes effect when you die. It sets out your wishes including how you wish for your assets to be distributed to your loved ones on your death. An effective Will pays close attention to the appointment of Executors, Guardians for any minor children and to the distribution of your assets. It is vital that your Will is made in accordance with the law to ensure that it is valid and binding at the date of your death. It is important that your Will is regularly reviewed, particularly if there are changes in your circumstances or the circumstances of your intended beneficiaries.
  • Testamentary Trusts can also be included in your Will that assist in protecting assets for the benefit of your descendants, or to take care of beneficiaries that have special needs.
  • An Enduring Power of Attorney is a legal agreement which takes effect during your lifetime on a date you nominate (for example in the event you lose decision making capacity). The agreement allows you to appoint one or more individuals to manage your financial affairs and/or make personal decisions on your behalf.  Financial matters include decisions regarding your property and finances.  Personal matters relate to decisions as to guardianship and lifestyle affairs.
  • An Appointment of Supportive Attorney document allows you to appoint an individual who you empower to support you in making and giving effect to your decisions. The supportive attorney will be authorised to access, collect or obtain information from third parties such as banks, however, you will retain decision-making authority. This may apply where, for example, you have capacity to make the decision but not the physical capability of carrying that decision out.
  • An Appointment of Medical Treatment Decision Maker document takes effect when you no longer have the capacity to make medical treatment decisions, either temporarily or permanently. This document allows you to appoint another person to make medical treatment decisions on your behalf should this situation arise.
  • We can also assist you in making Advanced Care Directives about your medical treatment to assist your Medical Treatment Decision Makers with your medical treatment decisions. In an advance care directive, you can write either or both an Instructional Directive with legally binding instructions about future medical treatment you consent to or refuse and/or a Values Directive which documents your values and preferences for your medical treatment decision maker to consider when making decisions for you.

How can we help you?

  • Wills;
  • Wills incorporating testamentary trusts
  • Wills incorporating special disability trusts
  • Wills incorporating life interests
  • Wills incorporating other types of trusts
  • Enduring Powers of Attorney;
  • Appointment of Supportive Attorney;
  • Appointment of Medical Treatment Decision Makers;
  • Advanced Care Directives (including Instructional Directives and Values Directives);
  • Corporate powers of attorney;
  • Estate Planning advice concerning options to pass control of your assets in accordance with your wishes; and
  • Court Authorised Wills for individuals lacking Testamentary Capacity.

Our Wills & Powers of Attorney Lawyers

Meghan Warren


Meghan Warren

LL.B GAICD B.Bus (FinPlan)
Meghan is one of the few lawyers in Australia admitted in the State (Victoria) and Federal jurisdictions of Australia, and as an Attorney at Law to the New York State Bar in the United States.

Rosy Roberts


Rosy Roberts

Rosy has extensive experience in Litigation & Alternative Dispute Resolution having represented clients in all Victorian State Courts and the High Court of Australia. She is also a VCAT appointed Administrator.

Rohani Bixler

Special Counsel

Rohani Bixler

Special Counsel
LL.B (Hons) BA (PSYCH)
Rohani holds a Bachelor of Arts (Psychology) and a Bachelor of Laws (Honours) from Monash University, and has practiced exclusively in the areas of estate planning, deceased estate administration and estate litigation and disputes since...

Luke Palmer


Luke Palmer

Luke is passionate about making things as simple as possible for people who are dealing with the loss of a loved one.

Eleni (Helen) Andreou

Helen has over eight years of experience providing support for lawyers and assisting clients.
Talk to a Wills & Powers of Attorney lawyer with
a free 15-minute consultation

Related Insights

2020 – The Year Of The Adult Child

As we approach a new year of new estate disputes emerging from the Court, it is interesting to observe the tendency for ‘trends’ in case law.  Looking back on estate challenges in 2020, it could be described as ‘The Year...

Adult children’s entitlement to estate for maintenance and support

In the course of estate planning, it is not uncommon for people to have family circumstances giving rise to a desire to gift assets unequally between adult children.  This may be due to an estrangement, or because one child has...

Amendment of Wills

A Will is more than a simple document recording your last wishes. It is important that the Will is amended from time to time and kept up to date. We suggest that you consider making a new will in case...

Cryptocurrency and Estate Planning: Decrypting the Issues

Chances are you’ve heard about cryptocurrency; you might even own some already. Or perhaps you’re wondering what all the fuss is about and considering purchasing some yourself as an investment. Plenty of people will offer you advice on what to...

Digital Assets: A virtual enterprise.

For those of us who lived through the ’80s (showing my age here), you may remember the big debates over the deregulation of marketing to children.  Marketing started to target younger markets, as children were an advertising ‘goldmine’. Fast forward...

Disputes between Executors. How they can occur and how these can be addressed.

The loss of a loved one is a challenging time, and it can be made even more so when disagreements arise about how to handle their final affairs. Perhaps you and your brother don’t really see eye to eye, but...

Estate Planning and Coronavirus

The World Health Organisation has declared Coronavirus (COVID-19) to be a pandemic with more than 334,981 confirmed cases and over 14,652 deaths around the world as at today. Victoria has reposted 355 cases of COVID-19. The world is facing an unusual medical crisis and...

Estate Planning for Vulnerable Beneficiaries

Thinking about your Will may seem hard enough for most of us, but for people who have a child with a disability or other vulnerability, it can be completely overwhelming.  Who will make sure they are not taken advantage of? ...

Modern Families and the Challenge to Your Will

It’s common for couples to get together in circumstances where one or both may have children from previous relationships, forming a ‘blended family’. This can lead to difficulties for estate planning, as there is likely to be some disagreement when...

Our Wills and Estates Lawyers Answer Your Questions About Probate in Victoria

A guide to what to expect when someone passes away If you’ve lost a loved one, the grief can be overwhelming. On top of that, once you start to work through the complicated legal processes relating to Wills and Probate,...

Powers of Attorney and the role of VCAT

In our article Powers of Attorney for “Regular” People (link to the other article Luke wrote) Luke Palmer & Rohani Bixler identify what a Power of Attorney is and why you need one. The purpose of this document is all...

Powers of Attorney for Companies, Trusts and SMSF

While there are plenty of reasons to have Powers of Attorney in place regardless of your specific circumstances, in circumstances where you have effective control and management of entities such as companies, self-managed superannuation funds and trusts, it is important...

Probate and Deceased Estates

Prior to my admission as lawyer, I worked as a Probate clerk, and when I would tell people my occupation the response was generally “what is that?” It’s a fair question, so let’s look at what exactly Probate is, and...

Signing Wills and Powers of Attorney During Stage 4 Covid-19 Restrictions

Victorians are currently facing significant restrictions which can make the traditional method of signing Wills and Powers of Attorney extremely difficult.  Usually, a will needs to be signed by the testator in the presence of two independent adults (who are...

Special Disability Trusts and other Trusts for Vulnerable Beneficiaries

Special Disability Trusts were established in 2006, primarily for the purpose of privately funding a person’s care and accommodation without impacting their eligibility for a Disability Support Pension.  Various changes were made to these trusts between 2008 and 2011, but...

The Importance of Being Current – Superannuation Death Benefit Nominations

As the New Year commences, it is a great opportunity to take stock of your affairs and make sure important tasks are complete.  If not already on your list – add “Check Death Benefit Nomination” for your superannuation. For many...

The Squeaky Wheel Child

It is not uncommon for people to make Wills providing unequal distributions between adult children. There are many different reasons for doing so, but in most cases there is concern about whether an adult child who has been excluded from...

Related Publications and Tools