Estate Planning Lawyers in Melbourne

Clear legal documents for your wishes, family and future decisions

Estate planning helps you decide who should manage your affairs, who should benefit from your estate and what should happen if you can no longer make certain decisions yourself.

McDonald Legal assists Melbourne clients with wills, enduring powers of attorney and estate planning arrangements tailored to their family, assets and circumstances. Whether you are preparing your first will or reviewing existing documents, the firm can help you put clear, practical arrangements in place.

Estate Planning Services

Wills

A will records how you want your estate dealt with after your passing and appoints the person or people responsible for administering it.

McDonald Legal can assist you to:

prepare your first will
replace an outdated will
appoint executors and substitute executors
identify beneficiaries
provide for children and other dependants
include specific gifts
consider more tailored testamentary arrangements where appropriate

The document should reflect your current family and asset position and explain what happens if an executor or beneficiary cannot act.

Enduring Powers of Attorney

An enduring power of attorney allows you to appoint someone you trust to make specified personal or financial decisions, or both. The authority can continue if you later lose decision-making capacity for those matters.

McDonald Legal can help you decide:

who should be appointed
whether more than one attorney is appropriate
which powers should be given
when the authority should begin
whether conditions or safeguards should be included
who should act if the first attorney is unavailable

The person appointed may receive significant authority over your finances or personal affairs. The appointment should therefore be considered carefully.

Reviewing Existing Documents

A will or power of attorney may no longer suit your circumstances even if it was prepared correctly at the time.

A review may be appropriate after:

marriage, separation or divorce
the birth or adoption of a child
the passing of an executor, attorney or beneficiary
buying or selling significant property
starting, buying or selling a business
receiving an inheritance
a significant health or relationship change

McDonald Legal can review the current documents and explain whether they remain suitable or should be replaced.

Planning for Family, Business and Asset Structures

Additional planning may be needed for blended families, young or vulnerable beneficiaries, unequal gifts, business interests, companies, trusts or assets held in different ownership structures.

The aim is not to make the plan unnecessarily complicated. It is to ensure the documents deal with the issues that are genuinely relevant to you.

When Should You Speak With an Estate Planning Lawyer?

You may need estate planning advice if you:

do not have a will
have not reviewed your documents for several years
are unsure whether your current will is complete
want to appoint or replace an attorney
have recently married, separated or divorced
have children or other dependants
own property, investments or a business
have a blended family
want to make a specific gift
are concerned that your current arrangements may cause uncertainty

You do not need exact asset values before making contact. A general overview of your family, property and financial structures is usually enough to begin.

What Your Estate Plan Needs to Address

A useful estate planning consultation should help you make clear decisions, not simply complete a form.

Depending on your circumstances, McDonald Legal can help you consider:

who should administer the estate
who should receive particular assets or the remaining estate
what should happen if a beneficiary dies before you
how an inheritance for a younger person should be managed
who should make personal or financial decisions for you
when an attorney’s powers should start
whether substitute appointments are needed
whether your will works with your property ownership, superannuation, company or trust arrangements

Not every asset necessarily passes through a will. Jointly owned property, superannuation and assets held through companies or trusts may need separate consideration.

What to Expect From McDonald Legal

Discuss your circumstances

You explain your family situation, assets, existing documents and what you want the plan to achieve.

Identify the right documents

McDonald Legal can explain which documents may be appropriate and identify issues requiring closer consideration.

Prepare and review the documents

The documents are drafted around your instructions. You can review the wording and ask questions before signing.

Complete the signing process

McDonald Legal can guide you through the signing and witnessing requirements and explain how the originals should be stored.

Estate Planning Is Different From an Estate Dispute

Estate planning deals with documents and arrangements made for the future.

If someone has died and you are concerned about a will, an executor or the administration of an estate, you may need estate dispute advice instead.

Speak With McDonald Legal About Estate Planning

McDonald Legal assists Melbourne clients who need to make their first will, update existing documents, appoint an enduring attorney or consider more tailored estate planning arrangements.

The firm offers a free thirty-minute consultation so you can explain your circumstances, understand what may be required and decide whether McDonald Legal is the right fit.

What to Bring to the First Consultation

It can help to prepare:

any existing will or power of attorney
names of proposed executors and attorneys
details of your spouse, partner, children and dependants
a general list of significant assets and debts
property, superannuation, company, business or trust details
notes about specific gifts or family concerns

Do not delay making contact because some information is missing. The consultation can help identify what else is required.

Frequently Asked Questions

Can McDonald Legal review a will prepared by another lawyer?

Yes. McDonald Legal can review an existing will to assess whether it still reflects your current family circumstances, assets and instructions.

A review may be useful if the document was prepared several years ago, if your relationships or financial position have changed, or if you are unsure whether the appointments and gifts remain appropriate.

Do I need to know the value of every asset before making an appointment?

No. You do not need exact valuations for the first consultation.

A general list of your significant assets, liabilities, property interests, superannuation, business interests and family arrangements is usually enough to begin. McDonald Legal can then explain whether further information may be required before the documents are prepared.

Does a will cover every asset I own?

Not necessarily.

Some assets may pass outside the will. For example, jointly owned property may pass directly to the surviving joint owner, depending on how ownership is structured. Superannuation and life insurance benefits may also be dealt with under fund rules and any applicable nominations.

Company, trust and business interests may require separate consideration. Estate planning advice can help identify how these arrangements work together.

What is the difference between a will and an enduring power of attorney?

A will records how your estate should be administered and distributed after your passing.

An enduring power of attorney operates during your lifetime. It allows you to appoint someone to make specified personal or financial decisions on your behalf, including if you later lose decision-making capacity for those matters.

Many estate plans include both documents because they address different situations.

When should I update my estate planning documents?

You should consider reviewing your will and powers of attorney after a significant personal, family, health or financial change.

This may include marriage, separation, divorce, the birth of a child, the passing of an executor or beneficiary, purchasing property, starting or selling a business, receiving an inheritance or deciding that an appointed attorney is no longer suitable.

Periodic reviews can also help ensure that older documents still reflect your wishes.

Can estate planning help if I have a blended family or business interests?

Yes. Blended families, business ownership, trusts, company interests and unequal gifts can require more tailored planning.

Legal advice can help you consider how your will, ownership structures, superannuation arrangements and business succession documents may interact. The appropriate structure will depend on your family relationships, assets and intended outcomes.

How do I contact McDonald Legal about estate planning?

McDonald Legal offers a free thirty-minute consultation for people who want to prepare a will, review existing documents or discuss powers of attorney and broader estate planning arrangements.

You can contact McDonald Legal through the website or call (03) 9070 1107 to arrange a consultation.

Plan for What Matters

Prepare or review your estate plan with clear, practical legal advice tailored to your circumstances.

McDonald Legal

Suite 19.01, Level 19 390 St Kilda Road Melbourne VIC 3004

Email

enquiries@mcdonaldlegal .com.au