Planning for your future has different value to different people. That’s why we work with you to determine what type of work we can assist with, what value you derive from it, and finally a fair rate for you to pay and afford in having us assist you.

Nevett Ford offers transparency in our prices when preparing straightforward or standard Wills and Powers of Attorney and offer the fixed price packages below to our clients (all prices are exclusive of GST). When preparing more detailed and complex Wills or Estate Plans, as these are tailor-made for each client, a fee estimate will be provided at your first consultation once your individual circumstances are known.

Pricing List

All prices are exclusive of disbursements & GST

There is a misconception that only wealthy people need a Will. This is not the case at all and every adult should consider making a Will.

When do I need a Will?

If you are asking yourself this question, the chances are you already need a Will.  It is worth considering making a Will is as soon as you have assets or dependents, to ensure they are dealt with as you wish after you death.   

Anyone over the age of 18 can make a Will and we strongly recommend that all adults should have a Will regardless of whether you are just starting out in your career or looking at retirement.  We’re not just saying that – see below the implications when you don’t have a valid will.  

What happens if I don’t have a Will?

If you die without a valid Will, it is called ‘dying intestate’.  This means your assets will be divided according to the laws of intestacy and these decide how your assets are divided.  This could mean that you lose control of the decision making process and your assets may not go to the people you want.  Intestate estates are also a lot more expensive to administer so you can find that the assets dwindle more in such circumstances.  

Does my Will need to be complex? 

Yes and No. 

The complexity of your Will is all dependent on your current and future situation.    We know there are some providers out there who appear to provide cheap wills, but it is a small price to pay to properly prepare arrangements for your entire life’s work.  

In preparing a Will, we will work carefully with you to consider your financial assets, your family and any relationship matters, your liabilities and any other issues such as family law proceedings, vulnerable beneficiaries, etc.   

There are many types of Wills that can be made however, the most common are: 

• Standard Wills (suitable for those individuals with straightforward assets, family situations and distribution wishes); 

• Testamentary Trust Wills (–these provide greater control and flexibility when distributing your assets and can provide protection for beneficiaries whilst minimising tax obligations); 

• Mutual Wills (a Will entered into by two individuals, usually spouses or domestic partners which creates an agreement whereby the parties will not revoke or alter the terms of their Wills without the consent of the other party); and 

• Mirror Wills (separate Wills created by two individuals, usually spouses or domestic partners with each Will reflecting the other in its terms). 

What are Statement of Wishes? 

A Statement of Wishes is supplementary to your Will and whilst not legally binding, it allows you to provide further information and guidance to your executor/s as to your wishes for the administration of your estate.   

A Statement of Wishes will usually contain a helpful explanation of your Will including: 

• the reasons for your decisions to distribute your assets as you have; 

• how your children are to be cared for; or 

• the division of personal items. 

What are the requirements for a Will? 

For a Will to be valid, it must: 

• Be made by a willmaker who has testamentary capacity (understands the nature and consequences of their Will);  

• Be made by a willmaker over 18 years of age; 

• Be in writing 

• Be signed by the willmaker in the presence of two witnesses; 

• Be dated the day it was signed; 

• Include an appointed executor ; and 

• Revoke any prior Wills to avoid issues after your death.   

What is an executor? 

An executor is a crucial role and is the person authorised and appointed in a Will to administer the estate in accordance with the terms contained in the Will – so it should be someone responsible.   

Can my Will be contested? 

Yes.  

However, there are rules and regulations regarding who can contest your Will and on what grounds.  A carefully drafted Will addresses those issues and may provide protection against a contest.   

Are any assets not dealt with in your Will? 

How an asset is dealt with will depend on how it is owned.  For example, should your home be held as joint proprietors, the rule of survivorship will take effect, meaning the property is transferred to the surviving owner.  Another asset that may not be dealt with in your Will is superannuation and life insurance proceeds where there are certain binding nominations in place.   

Your pets are deemed an ‘asset’ under your Will so you can ensure that they are re-homed to someone you trust to look after them.   

Where assets are held in a trust, you should consider in your Will who will take control of the trust after your death.   

Does a Will expire? 

No. 

However, they can become void or out of date.  Therefore, we recommend that you should consider making a new Will when you experience any life changes, including:   

• Marriage (this will revokes a current Will); 

• Divorce (if you have named a former spouse as an executor or beneficiaries, this is treated as though it has been deleted from the Will); 

• When children/grandchildren are born; 

• If your financial situation changes; 

• If you receive an inheritance; 

• If you no longer own any assets you have specially mentioned in your Will; or 

• If people specifically mentioned in your Will die. 

Can I choose someone to look after  my child? 

Yes. 

If both parents have passed away leaving a child and have appointed a Guardian in their Will, then the Guardian will usually be accepted as the Guardian of your child. 

If both parents have passed away leaving a child and have not appointed a Guardian in their Will, then any person can make an application to the court to be appointed as a Guardian. 

If both parents have passed away leaving a child and have not appointed a Guardian in their Will and no person wishes to make an application for Guardianship, the care of the child may pass to the state. 

What is a codicil? 

A codicil is a legal document which acts as an extension to your Will so that you can make minor changes or adjustments to your Will without having to rewrite the original.  

Common misconceptions about a Will 

My family know what I want and they will deal with it 

Without a Will, your family may not have any choice as they may not have the power to make those important decisions.  

They will be required to adhere to what the law says about things such as who will administer your estate, who will get your property, when they will get your property and who will authority to look after your children. 

My family will never argue about money or my estate 

While we all hope this is true, unfortunately it is not always the case, and family disputes are only becoming more common.  

Grief and money can be a bad combination and can result in all sorts of strong emotions. By leaving a Will and clearly setting out your wishes, there is less chance of these disputes occurring. 

A Will only needs to be made once 

Many people believe that once a Will is made, it is indefinite. This is correct however a Will can be revoked or amended when circumstances change such as your appointed executor has passed away, you get married, specific gifts you have made in your Will are longer owned by you or you have grandchildren that you would like to include. If you would like to make a slight amendment to your Will, you may wish to consider making a Codicil which is a additional document used to make minor changes, amendments or alterations to your existing Will. 

I must be buried in accordance with my Will 

We suggest including instructions in your Will about your wishes (burial, cremations, organ donation, etc) however these instructions are not binding and only provide details of your wishes. 

What is a Power of Attorney?

A Power of Attorney is a legal document that authorises a person (the attorney) to act on your behalf. Depending on the type of power given, the attorney may be able to make financial, legal and personal decisions for you when you are incapable of doing so. 

What are the different options for appointing Attorneys? 

There are several types of Powers of Attorney or other arrangements that give others power to act for you. The most common are: 

• Enduring Power of Attorney (Financial & Personal); 

• Appointment of Medical Treatment Decision Maker; 

• Supportive Power of Attorney;  

• Power of Guardianship; and 

• General Power of Attorney.   

What is an Enduring Power of Attorney (Financial & Personal)? 

This authorises your attorney to make financial and/or personal decisions on your behalf and it operates even when the donor no longer has capacity to make those decisions.  

A financial power includes anything related to your finances or property whereas the personal power is in regard to your personal matters such as your lifestyle. 

You can appoint more than one person to be your attorney and can also provide certain conditions on the powers provided. Should they not be able to act on your behalf, you can also appoint an alternative to act in their place. 

What happens if I don’t make an Enduring Power of Attorney (Financial & Personal)? 

If you don’t appoint an attorney, and are unable to make a decision when it needs to be made, the Victorian Civil and Administrative Tribunal (VCAT) can appoint someone to make these decisions on your behalf.  This may be a family member or friend however, it could also be a corporate trustee such as the State Trustees of a Public Advocate. 

Are there any limitations or obligations on my attorney? 

Your attorney’s powers are limited by whatever conditions you include in the Power.  

Your attorney must: 

• make decisions that you would have made and give effect to your wishes and preferences; 

• make decisions that are the least restrictive of your freedom; 

• act honestly and in good faith; 

• manage your affairs responsibly and act in your best interests; 

• keep accurate records.   

• avoid conflicts of interest, such as not mixing your money with theirs; 

• work with other decision-makers (if any);   

• protect you from neglect, abuse, or exploitation; and 

• act within the limits of their appointment.  

What is an Appointment of Medical Treatment Decision Maker? 

A Medical Decision Maker is an adult you have appointed who will be able to make decisions regarding your medical treatment when you are not capable of being able to do so yourself.  

You can appoint more than one Medical Decision Maker however, only one can made decisions for you at any one time. 

What is an Advanced Care Directive? 

An Advance Care Directive is supplementary to your Appointment of Medical Decision Maker and provides your Medical Decision Maker with a record of your wishes regarding your treatment. 

Can my Medical Decision Maker make medical decisions I would not agree with?  

No. 

Your Medical Decisions Maker is to make decisions that they reasonably believe you would have made if you could, regardless of whether they agree or disagree.  

What is a Supportive Power of Attorney? 

By making supportive power of attorney you appoint a person(s) you trust to help you make your own decisions while you still have capacity to make decisions. The person you appoint to help you make decisions is called your ‘supportive attorney’ and can help you make financial decisions, personal decisions or other decisions.  

Your supportive attorney cannot help you with decisions about your medical treatment. 

What is a Power of Guardianship? 

By making a power of guardianship, you are appointing another person to make decisions about your: 

• medical and dental treatment 

• health care 

• living and lifestyle arrangements 

• using support services 

What is a General Power of Attorney? 

This is where you can appoint someone to act on your behalf for a specific purpose or a specific timeframe.  For example, you may be on holidays and need to appoint someone to sign a Contract on your behalf.   

Can my attorney/decision maker be removed if they are not acting correctly?  

If you have concerns that someone is not acting in accordance with their appointment as attorney or decision maker, there is a tribunal process in each State and Territory that enables you as an interested party to make an application for an order removing the attorney.  

Each State and Territory has its own legislation dealing with these application however, generally, each Tribunal is given power to make orders: 

• regarding the actions of your attorney or decision maker; and/or 

• removing and replacing your attorney or decision maker with a guardian or administrator.