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Preparing Your Will – Single and Joint Wills (Victoria)

A Will is one of the most important legal documents you will ever prepare. It outlines how your assets are distributed, who administers your estate, and who cares for your children after your death.

 

At First Legal & Migration Services, we help individuals and families prepare Single Wills and Joint Wills that are legally valid, clearly drafted, and tailored to your circumstances. Proper estate planning helps avoid disputes, delays, and unnecessary costs for your loved ones.

Why a Properly Prepared Will Matters

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Without a valid Will:

  • Your estate is distributed according to Victorian intestacy laws

  • You lose control over who benefits from your estate

  • Delays and disputes may arise

  • The process becomes more stressful and costly for family members

A professionally prepared Will ensures your wishes are clearly expressed and legally enforceable.

Single Wills

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A Single Will is prepared for one individual and sets out:

  • Asset distribution

  • Appointment of an Executor

  • Guardianship arrangements for minor children

  • Specific gifts, charitable donations, or exclusions

Who Needs a Single Will?

  • Individuals who are single, divorced, or widowed

  • Married or partnered individuals with separate estate planning needs

  • Business owners or those with complex assets

Joint Wills

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A Joint Will is typically prepared for couples (married or de facto) who wish to:

  • Leave their estate to each other

  • Agree on how assets will be distributed after both have passed

Important Considerations:

  • Can create binding obligations on the surviving partner

  • May limit future flexibility

  • Not suitable for all couples

  • Legal advice is essential to determine whether a Joint Will or mutual Single Wills is better

Who Should Have a Will?

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Every adult should have a Will, including:

  • Property owners

  • Parents with dependent children

  • Business owners

  • Couples and blended families

Life events such as marriage, separation, property purchases, or new children should prompt a Will review.

Legal Considerations

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  • Wills can be updated or revoked while you have capacity

  • Poorly drafted or informal Wills may be invalid or contested

  • Superannuation and jointly owned assets require specific planning

  • Professional legal advice is strongly recommended

Single vs Joint Wills – Key Differences

Single Will:

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  • Prepared for one individual

  • High flexibility

  • Can be changed while capacity exists

  • Commonly used for individual or tailored estates

Joint Will:

  • Prepared for two people

  • Limited flexibility after first death

  • Often restricted from changes

  • Commonly used for couples with aligned estate plans

Our Legal Services

 

​Initial Legal Advice

  • Explanation of estate planning options

  • Guidance on Single vs Joint Wills

  • Advice on asset distribution strategies

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Executor & Guardian Appointments

  • Appointment of trusted Executors

  • Guardianship provisions for minor children

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Asset Distribution

  • Real estate, bank accounts, superannuation, and personal assets

  • Specific gifts and residuary estate planning

  • Consideration of blended families and prior relationships

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Risk Management

  • Minimising disputes or challenges

  • Structuring Wills to reduce ambiguity

  • Advice on testamentary trusts where appropriate

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Execution & Compliance

  • Ensuring your Will meets Victorian legal requirements

  • Proper execution and witnessing to avoid invalidity

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