At Allen Law, we help individuals and families plan for the future and navigate the legal complexities of wills, estates, and probate.
Whether you’re creating a legally binding will, appointing an enduring power of attorney, applying for probate, or facing an estate dispute, our experienced lawyers are here to provide clear, compassionate guidance every step of the way.
We understand that dealing with estate matters can be emotional and often complex. That’s why we focus on personalised legal advice, tailored solutions, and practical outcomes — ensuring your wishes are protected and your loved ones are looked after.
From simple estate planning to contested wills and litigation, Allen Law is your trusted partner in Wills & Estates Law across Melbourne, larger Victoria and Australia wide.
A will is one of the most important documents any of us will ever create. It puts into stone our wishes as to the division of our assets when we pass.
Although it is a difficult topic for most of us to appreciate, it a necessary document that gives ourself a degree of certainty as to how our estate, and our wishes, will be administered.
Most of us want to pass on our legacy to someone, or to some cause that we value and believe in, and that is what a will aims to ensure is done.
It is never too late to organise your affairs, and today, not tomorrow, is always the best.
From simple wills to complex wills involving various assets and legal entities, we can help you help your loves ones, at one of the hardest times of their lives.
Estate planning is the process of arranging for the management and distribution of your assets after death or if you become incapacitated. It involves creating legal documents such as a will, powers of attorney, and sometimes trusts to ensure your wishes are followed.
Through estate planning, you can nominate guardians for minor children, outline medical preferences, and minimize taxes and legal complications for your beneficiaries. Proper estate planning also helps prevent disputes among family members and ensures your estate is handled efficiently.
It’s an essential step for anyone who wants to protect their loved ones and have control over what happens to their property and personal matters, both during their life, and after.
A power of attorney is a legal document that allows you to appoint someone to make financial and legal decisions on your behalf. This can include managing your bank accounts, paying bills, or buying and selling property.
You can choose when it starts—either immediately or only if you lose capacity.
You can also chose what type of authority it gives to your attorney— it can be limited to particular acts, or extremely broad, enabling your attorney to do pretty much anything.
The person you appoint is called your attorney and they must act in your best interests. Unlike a guardian, an attorney doesn’t make personal or medical decisions—only financial and legal ones.
Having a power of attorney in place helps ensure your affairs are managed if you become unable to do so yourself.
There are various ways to dispute an estate, with two of the most common being: contesting the validity of the deceased’s will and challenging whether the provision made is fair and adequate.
Will validity challenges
Challenging the validity of a will is complex and subject to strict evidentiary requirements. These challenges generally fall into one or more key categories: lack of testamentary capacity, lack of knowledge and approval, and undue influence.
Family provision claims
Family provision legislation introduces a key threshold issue: whether the deceased’s Will—or, in cases of intestacy, the statutory distribution rules—has made adequate provision for the proper maintenance, support, education, or advancement in life of the individual making a claim against the estate.
This is a factual question assessed based on the individual claimant’s life circumstances at the time of the deceased’s death.
The court adopts a broad, evaluative approach, weighing the competing claims of all potential beneficiaries and considering both the current and future needs of a particular individual who would ordinarily be expected to be provided for in the administration of the estate.
Probate is the formal process of applying to the Court, which in turn, if it is not contentious, will grant and authorise an executor to act in the administration of that estate.
Without a grant of probate, the executor cannot administer the estate and divide the assets in accordance with the testator’s wishes and instructions, as set out in his or her will.
Most grants of probate are not contentious. However, sometimes there is a dispute as to who is entitled to, or who should, administer the estate, and this is called contentious probate.
Other situations can arise, for example, where a person dies ‘intestate’. Intestate means without a will. In those circumstances, special rules apply about who can administer the estate and how the assets of the estate are to be distributed.
If a person dies intestate, then one or more executors will need to apply for ‘letters of administration’.
The administration of a will, such as applying for probate to the division of property, can be a difficult task for your loved ones, especially whilst they are morning your loss. We can help make that process easier for the ones you leave behind by taking on the task of applying for probate, collecting the assets of your estate and distributing them in accordance with your wishes.
One of the benefits of using a lawyer as an executor of your will is that we are a neutral third party without any vested interest in the estate, other than the payment of our fees for services rendered.
We are impartial and understand the importance that impartiality can have in maintaining the family during this difficult time.
If you need or want a third party to administer your estate, we can help you more than most, as we understand the need to be delicate during sensitive times.
A power of guardianship is a legal document that lets you appoint someone to make personal and lifestyle decisions for you if you become unable to do so yourself. This can include decisions about where you live, what medical treatment you receive, and your day-to-day care. It only takes effect if you lose capacity to make these decisions on your own.
The person you appoint is called a guardian, and they must act in your best interests. It’s a way to ensure that someone you trust is looking after your wellbeing if you’re ever unable to make decisions for yourself.
If someone you know and love has lost capacity, and needs someone to be able to make decisions for them, you can also apply to the relevant court of tribunal in your State or Territory, seeking an order that you be appointed as guardian, or that another person be removed as a guardian as well.
An advanced health-care directive is where you put into writing your wishes about your healthcare in the event you become incapacitated and are unable to make decisions about your health. It is made when you have capacity, and in advance of any capacity issue.
In simpler terms, an advanced health-care directive is this:
If I am unable to do [this particular thing], I do/do not want this/these particular type(s) of treatment.
In circumstances where an advanced health-care directive does not exist, then whoever is your guardian according to law, would make decisions about your health-care in the event you were unable to do so.
However, if you have an advanced health-care directive in place, your legal guardian is bound by its terms, and you will or will not be given the treatments you elect to have or not have.
The law governing advanced health-care directives can be complex and is vastly different in most States and Territories, from a structured, complex legislative framework in Victoria, to more simple common law regulation in New South Wales or Western Australia.
Get in touch with our careful and considerate lawyers today, to ensure your health care wishes are in writing, in the event the unthinkable happens.
Plan. Protect. Preserve.
We start by understanding your personal, family, and financial circumstances. Whether you're drafting a will, appointing a power of attorney, or facing a contested estate, we’ll provide clarity on your legal rights and obligations.
Our wills and estates lawyers design a personalised legal strategy for your situation — from simple wills and testamentary trusts to complex probate matters and estate litigation. Every plan is structured to protect your wishes and avoid future disputes.
We keep you informed with regular updates and plain-English advice, making the estate planning or administration process as smooth and stress-free as possible. You’ll always know where your matter stands.
Whether administering an estate, applying for probate, or involved in a dispute about a will, we offer strong, respectful legal representation. Our team handles both simple and contentious matters with care and professionalism.
hereditas est legatum vitae – inheritance is the legacy of life
