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Wills & Estates

Comprehensive estate planning, including Wills, Powers of Attorney and Probate services that protect your legacy and provide peace of mind.

Wills & Estates

Planning for the future isn’t always easy — but it is one of the most important steps you can take to protect the people and assets that matter most.

At Snow Law, our Surf Coast and Bellarine based solicitors and colleagues provide clear, considered advice on Wills, estates, and Powers of Attorney. We guide you through each decision with sensitivity and compassion, ensuring your wishes are documented correctly and your interests are protected.

Seeking professional advice when making or updating a Will, or appointing Powers of Attorney, gives you peace of mind — allowing you to get on with living your life, knowing the right structures are in place.

How we can help

Our team assists clients across Geelong and regional Victoria with:

Drafting and updating Wills, including Wills incorporating trusts

Appointing a financial attorney under an Enduring Power of Attorney

Appointing a personal attorney under an Enduring Power of Attorney

Appointing a Medical Treatment Decision Maker

Deceased Estate litigation / Family Provision claims

Frequently Asked Questions

What is a Will?

A Will is a legal document that sets out how you want your estate managed and distributed after your death. It allows you to nominate beneficiaries, appoint an executor, and provide instructions for the administration of your estate.

Having a valid, up-to-date Will gives certainty to your loved ones and helps ensure your wishes are carried out as intended.

Do I really need a will if my situation is simple?

Even “simple” families can face conflict if the plan isn’t clear. A will isn’t about complexity — it’s about clarity, fairness and protecting the people you love. If you have a partner, children, property or superannuation, you need a will.

What happens if I die without a will?
If you don’t have a will, the law decides who gets what — not you. And the law still assumes every family looks like it did in 1950.

This means:

  • step‑children aren’t recognised
  • estranged children may still inherit
  • partners may be left vulnerable
  • assets may not go where you intended

Clarity now prevents conflict later.

What happens if I die without a Will?

If you pass away without a valid Will, your estate will be distributed according to strict legal rules under the laws of intestacy. This may result in outcomes that do not reflect your wishes.

In these circumstances, the court appoints an administrator to manage your estate. Assets are distributed to eligible relatives in a prescribed order — such as a spouse or partner, children, parents, or more distant relatives. If no eligible relatives exist, your estate may pass to the State.

Do I need to appoint an executor?

Yes. An executor is the person or trustee company responsible for administering your estate in accordance with your Will. This includes managing assets, paying liabilities, and distributing the estate to beneficiaries.

An executor may be a family member, friend, lawyer, accountant, or trustee company. When choosing an executor, it’s important to consider their availability, organisational skills, and ability to manage legal and financial responsibilities.

How do I choose the right executor?

Choose someone who is:

  • organised
  • calm under pressure
  • fair
  • able to communicate clearly

Executors carry grief, responsibility and legal obligations.

Choose the person who can handle that load — not the person you “feel you should” choose.

Who can I appoint as my attorney?

Most people appoint a trusted spouse, partner, family member, or close friend. Whoever you choose must be willing and able to:

  • Act in your best interests
  • Keep accurate records of decisions made
  • Avoid conflicts of interest
  • Keep your finances and property separate from their own

You may limit the powers granted, appoint more than one attorney, or require joint or majority decision-making.

Who is entitled to benefit from my estate?

While you are free to decide how your estate is distributed, the law expects you to adequately provide for certain dependants if they rely on you and you have the means to do so.

Dependants may include a spouse or partner, children (including adult children), or others who were financially dependent on you. If adequate provision is not made, eligible persons may challenge your Will through a court application.

What if my children don’t get along?

That’s more common than people admit. Good planning can protect relationships by:

  • separating responsibilities
  • appointing a neutral executor
  • creating clear instructions
  • reducing emotional pressure on your children

Estate planning is relationship planning.

How do I handle estrangement in my will?

With clarity and intention. Estrangement is often quiet, slow and misunderstood. If you want to exclude someone or reduce their share, you need:

  • clear reasoning
  • proper documentation
  • a structure that reduces the risk of a challenge

I grew up in a blended family and experienced estrangement myself — so I approach these situations with sensitivity and care.

Do step‑children automatically inherit?

No. Not under Victorian intestacy laws. If you want step‑children included, you must name them. If you want to protect biological children, you must structure it.

Blended families need intentional planning — not assumptions.

What types of Powers of Attorney are available?

Enduring Power of Attorney (Financial)

Allows your appointed attorney to make decisions about your finances, property, and legal affairs if you lose capacity or at a time you nominate.

Enduring Power of Attorney (Medical / Personal)

Authorises your attorney to make medical treatment and personal care decisions on your behalf, subject to legal limitations.

General (non-enduring) Power of Attorney

Usually used for specific purposes or a limited timeframe, commonly in commercial or transactional matters. This authority ceases if you lose capacity.

What’s the difference between a will and a Power of Attorney?

A will deals with what happens after you pass away. A Power of Attorney deals with what happens while you’re alive but unable to make decisions.

What does probate involve?

Probate is the court process that:

  • confirms the will is valid
  • appoints the executor
  • allows assets to be transferred

With guidance, it’s manageable. Without guidance, it becomes stressful.

How much does estate planning cost?

It depends on complexity, but I always provide:

  • transparent pricing
  • no surprises
  • clear explanations

Estate planning is an investment in clarity, fairness and peace of mind.

What if I’m not ready to make decisions yet?

That’s completely normal. Most people aren’t. My job is to help you think through the options — not pressure you.

You don’t need to be organised. You just need to start the conversation.

What’s the first step?

A simple conversation. We talk about your family, your goals, your concerns — and we build from there.

The hardest part is starting. Everything after that gets easier.

Speak with Snow Law

Take control of your future with confidence. If you’re looking to make or update a Will, appoint Powers of Attorney, or obtain advice on estate planning, the team at Snow Law is here to help.

Contact us today to arrange an appointment via phone, email, or our online booking system.

Contact Us

Take the next step with Snow Law.

We’re here to provide sound legal advice when you need it most.

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  • legal@snowlaw.com.au
  • (03) 5261 3127
  • 19 Baines Crescent, Torquay VIC 3228
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