Service
Wills & Estate Planning
A professionally drafted Will is the foundation of protecting your family. Andrew O'Bryan guides you through every decision with clarity, ensuring your wishes are documented and legally sound.
About Wills & Estate Planning
A Will is the most important legal document you will ever sign. It determines who receives your estate, who cares for your children, and who manages the process of administering your affairs after you're gone. Without a valid Will, the law makes those decisions for you — and the outcome may be very different from what you intended.
Many people put off making or updating their Will, believing it's something they'll get to eventually. But life changes quickly — marriages, divorces, children, the death of a named executor, or the acquisition of significant assets can all make an existing Will inadequate or even invalid.
At Andrew O'Bryan Wills & Estates, we take time to understand your complete family situation, your assets, and your specific wishes before drafting any document. The result is a Will that clearly reflects your intentions and is designed to withstand scrutiny.
What Estate Planning Involves
Andrew O'Bryan's estate planning service covers the full range of matters required to protect your family and your assets.
- Preparing and executing a new Will, or updating an existing one
- Appointing executors and backup executors
- Providing for your children and dependants
- Addressing superannuation and life insurance nominations
- Testamentary trusts for tax-effective wealth transfer
- Blended family arrangements and step-children
- Specific bequests of property, heirlooms or business interests
- Advance Care Directives (in conjunction with Powers of Attorney)
- Regular review as your circumstances change
How We Prepare Your Will
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Consultation
We discuss your family, your assets, your relationships and your specific wishes in a private, confidential meeting.
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Draft Preparation
Andrew prepares a draft Will reflecting everything discussed. You receive it for review and comment.
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Review & Finalise
We discuss any questions or changes, then prepare the final document for execution.
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Execution & Storage
Your Will is executed (signed) in accordance with Victorian law. Andrew advises on safe storage.
Wills & Estate Planning — Common Questions
Yes. A Will is important at any age. If you have a partner, children, property, or assets you care about, a Will ensures your wishes are followed. Without one, the law decides who receives your estate — and the result may not reflect your intentions. The cost of making a Will is modest; the cost of not having one can be significant.
Superannuation does not automatically form part of your estate. To ensure your super goes where you intend, you need a valid Binding Death Benefit Nomination. Andrew can advise you on this as part of your estate planning.
You should review your Will whenever your circumstances change significantly — after marriage, separation or divorce, the birth of a child, a major change in assets, or the death of a named beneficiary or executor. As a general rule, reviewing your Will every 3–5 years is good practice.
Generally yes, but there are exceptions. Under Part IV of the Administration and Probate Act 1958, certain eligible persons (including children, spouses, and dependants) may make a family provision claim if they feel inadequately provided for. Andrew can advise on how to structure your Will to minimise this risk.
A testamentary trust is a trust established by your Will that comes into effect on your death. It can provide significant tax advantages and asset protection for your beneficiaries — particularly for families with children, significant assets, or business interests. Andrew can advise whether a testamentary trust is appropriate for your situation.
A Will can be challenged or declared invalid for several reasons: if the testator (the person making the Will) lacked testamentary capacity, if the Will was not properly executed, if it was made under undue influence or duress, or if it does not comply with the formal requirements under the Wills Act 1997. Andrew ensures every Will he prepares meets all legal requirements.
Related Services
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Speak directly with Andrew O'Bryan about your Will and estate planning needs.