Wills

A will is a legal document that sets out what you want to happen to your property (called your ‘estate’) after you die. It names who is responsible for carrying this out (called the ‘executor’) and how you want this to happen. These instructions can include things like:

• what will happen to your assets
• whether you are an organ donor
• how you want your funeral to be held.

If you die without a will, the law decides how your assets are distributed. It does not take into account your personal wishes or situation.

You should update your will every few years, or whenever there are significant changes to your life.

Information for Executors

An executor is a person(s) or organisation who has been nominated in someone’s will. They are responsible for carrying out the deceased person’s final wishes. If there is no executor named in the will, the court will appoint one. This is often the beneficiary with the largest share of the estate.

Being an executor carries many responsibilities. It may require time off from work or out-of-pocket expenses. Settling an estate takes nine to twelve months on average. It may also involve dealing with lawyers, accountants, courts and other beneficiaries.

Organisations

The following organisations can provide more information and help with wills, estates or being an executor.

• Office of the Public Advocate
  Phone 1300 309 337 from 9 am – 4.45 pm, Monday to Friday.
• Legal Aid Victoria
  Phone 1300 792 387  from 8 am – 6 pm, Monday to Friday.
• State Trustees Victoria
  Phone 1300 138 672  from 9 am – 5 pm, Monday to Friday.
• Australian Red Cross’s National Solicitor Network
  Phone 1800 811 700.
• Supreme Court of Victoria
  Phone (03) 8600 2000 from 9.30 am – 4 pm, Monday to Friday.