Getting your will sorted is one of the most practical things you can do for the people you leave behind. In Victoria, over-60s have several legitimate options — State Trustees, an independent solicitor, or a DIY kit — and each comes with different costs, executor arrangements, and trade-offs worth understanding before you decide. This guide covers the real differences, what to ask, and crucially, how to store your will so it is actually found when it matters.
Why Your Will Matters More Than You Might Think
A will is not just a piece of paper for the wealthy or the unwell. For anyone over 60 in Victoria — whether you own a home, have superannuation, or simply want to make sure your family heirlooms go to the right person — dying without a valid will means the state decides how your estate is distributed. That process, called intestacy, follows a fixed legal formula that may have nothing to do with your actual wishes.
For someone from a Greek Australian background, as many Victorians are, family structures can be layered — adult children from different relationships, extended family expectations, perhaps assets held jointly with a spouse. These nuances are exactly the kind of thing a will can address clearly and legally. A handwritten note on the kitchen bench, however well-intentioned, carries no legal weight in Victoria.
The good news is that making a will in Victoria is more accessible than it used to be, and there are multiple legitimate pathways depending on your situation. The key is understanding the real differences between them — including what happens after you are gone, when executor fees come into play.
What Are Your Options for Making a Will in Victoria?
There are three main routes for Victorians making a will: using State Trustees, engaging an independent solicitor, or completing a DIY will kit. Each has genuine advantages and genuine limitations, and none is universally the right answer. What suits a retired couple with a straightforward home-and-superannuation estate may not suit someone with a blended family, business interests, or overseas assets.
State Trustees is a Victorian Government-owned organisation that offers will-making services to the public. It is well-established, regulated, and often perceived as a safe default option. An independent solicitor — particularly one specialising in wills and estates — brings legal training and can handle complexity that a standard template cannot. DIY will kits, available from newsagencies and online, are a legitimate option only for the very simplest of estates, and even then, the risk of an improperly witnessed or ambiguous document is real.
The Law Institute of Victoria maintains a public directory to help you find a solicitor who specialises in wills and estates. Victoria Legal Aid can also assist eligible Victorians who cannot afford private legal fees. It is worth checking both resources before assuming you know what things will cost or what help is available to you.
State Trustees: What They Offer and What to Watch
State Trustees will prepare your will, and many Victorians find the process straightforward and reassuring. The organisation has a long history and is subject to government oversight. For people who want a single organisation to handle both the will preparation and the eventual administration of the estate, State Trustees offers an integrated service.
The critical thing to understand — and this is the part many people overlook — is the executor fee structure. If you appoint State Trustees as the executor of your will, they will charge fees for administering your estate after you die. These fees are typically calculated as a percentage of the estate's value, and on a modest Victorian estate that might include a family home, those fees can be substantial in dollar terms. State Trustees publishes its current fee schedule on its website; you should read it carefully and ask questions before signing anything.
Appointing State Trustees as executor is not the same as simply using them to write your will. You can use State Trustees to prepare the document and then name a trusted family member or friend as executor instead — though State Trustees staff will explain the implications of each choice. The point is to go in informed, not to sign documents you have not fully understood. This is general information only; always seek independent legal advice for your own circumstances.
Independent Solicitors: When the Extra Cost Is Worth It
An independent solicitor specialising in wills and estates is worth considering whenever your situation involves any complexity at all. Blended families, children from previous relationships, a business interest, property held overseas, significant superannuation, or a wish to set up a testamentary trust — any of these warrants professional legal advice rather than a standard template.
Solicitor fees for a straightforward will are indicative only and vary between firms and regions. As a rough and general guide, a simple will might cost somewhere in the range of a few hundred dollars, while a more complex document involving trusts or multiple beneficiaries will cost more. Always ask for a written quote before engaging anyone. Some solicitors offer fixed-fee will packages, which makes budgeting easier.
One practical advantage of using a solicitor is that they can hold your will in safe custody — physically stored at their office, registered in their records, and retrievable by your executor when the time comes. Many law firms do this as a standard part of their service. The solicitor also has a legal obligation to keep your document properly and to notify relevant parties if the firm closes or changes hands. Check current arrangements with any solicitor you engage.
DIY Will Kits: Honest About the Risks
DIY will kits are sold legally in Victoria and are not inherently fraudulent products. For a single person with no dependants, no property, and a very simple estate, a kit completed carefully and witnessed correctly can be valid. The problem is that most people's situations are more complicated than they realise, and the kits themselves cannot give legal advice or flag issues you have not thought to raise.
Common errors with DIY wills include improper witnessing (witnesses must not be beneficiaries or their spouses), ambiguous wording that leads to disputes, failure to account for superannuation (which generally does not form part of your estate and needs a separate binding death benefit nomination), and not updating the will after major life changes such as marriage, divorce, or the death of a named executor.
If you do use a kit, have a solicitor review it before you sign. That review may cost less than you expect and could save your family significant legal costs later. This is general information only — it is not legal advice, and the right approach for your situation depends on your own circumstances.
How Do I Legally and Safely Store My Will So It Does Not Get Lost?
A will that cannot be found when you die is almost as problematic as not having one at all. Your executor needs the original — a photocopy is generally not sufficient for probate purposes in Victoria. Storing your will in a safe place and making sure the right people know where it is are two separate but equally important steps.
The most reliable storage options in Victoria are: with the solicitor who prepared it (safe custody), at State Trustees if they prepared or are holding it, or registered with the Victorian Will Bank administered through Public Record Office Victoria. The Victorian Will Bank is a formal registration service that records the existence and location of your will — it does not hold the document itself, but it means an authorised person can check whether a will is registered after your death. Check current registration details and any fees directly with Public Record Office Victoria, as arrangements can change.
Whatever storage option you choose, the single most important practical step is to tell your executor — clearly, in writing, and in a place they can find — exactly where the original will is held. Some people include this information in a personal document kept with other important papers at home. Others give a trusted family member a sealed letter. The method matters less than the outcome: the right person must be able to locate the original document without having to guess or search.
Reviewing and Updating Your Will: When Life Changes
A will is not a set-and-forget document. In Victoria, marriage automatically revokes a will made before that marriage (with limited exceptions), and divorce can affect the operation of certain gifts and appointments. The death of a named executor or beneficiary, the sale of a specifically named asset, the birth of grandchildren, or a significant change in your financial circumstances are all reasons to review what you have in place.
As a general guide, it is worth reviewing your will every three to five years, or after any major life event. If you have not looked at yours since before the COVID-19 pandemic, there is a reasonable chance something in it is out of date. A solicitor can advise on whether a new will is needed or whether a codicil — a formal amendment — is sufficient.
Superannuation deserves a specific mention here. Your super is generally not covered by your will; it is distributed according to your fund's rules and any binding death benefit nomination you have lodged. If that nomination is lapsed or has never been made, the trustee of your fund has discretion over where the money goes. Check your current nomination with your super fund directly — this is one of those things that is easy to overlook and genuinely important to get right. This is general information only; seek advice from a financial adviser or solicitor for your specific situation.
Key takeaways
- In Victoria, dying without a valid will means the state distributes your estate according to a fixed legal formula, regardless of your actual wishes.
- State Trustees can both prepare your will and act as executor, but executor fees are charged as a percentage of your estate — read the current fee schedule before deciding.
- An independent solicitor is worth the cost whenever your estate involves a blended family, business interests, overseas assets, or any complexity beyond the straightforward.
- The Victorian Will Bank, administered through Public Record Office Victoria, allows you to register the existence and location of your will so it can be found after your death.
- Superannuation generally does not form part of your estate and is not covered by your will — your binding death benefit nomination with your super fund is a separate and equally important document.
- Telling your executor clearly and in writing where your original will is stored is as important as making the will itself.
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Frequently asked questions
Should I use State Trustees to write my will, or is an independent solicitor better?
Both are legitimate options in Victoria, and the right choice depends on your circumstances. State Trustees is a government-owned organisation with a long track record; it suits people who want an integrated service and are comfortable with the executor fee structure, which is charged as a percentage of your estate if State Trustees administers it after your death. An independent solicitor is generally the better choice when your estate involves any complexity — blended families, business interests, overseas assets, or testamentary trusts — because a solicitor can give tailored legal advice that a standard template cannot. Always read State Trustees' current fee schedule before appointing them as executor, and always get a written quote from any solicitor before engaging them. This is general information only; seek independent legal advice for your own situation.
How do I legally and safely store my will so it does not get lost?
In Victoria, the main safe storage options are: leaving the original with the solicitor who prepared it (known as safe custody), storing it with State Trustees if they prepared or are holding it, or registering it with the Victorian Will Bank through Public Record Office Victoria, which records the existence and location of your will so it can be found by an authorised person after your death. Whichever option you choose, you must also tell your executor — in writing and in a place they can access — exactly where the original document is held. A photocopy is generally not sufficient for probate in Victoria; the original must be produced. Check current registration details and any fees with Public Record Office Victoria directly, as arrangements can change.
Are DIY will kits legally valid in Victoria?
Yes, a DIY will kit can produce a legally valid will in Victoria if it is completed correctly and witnessed properly — witnesses must not be beneficiaries or their spouses. However, kits carry real risks: common errors include ambiguous wording, improper witnessing, and failure to account for superannuation, which generally sits outside your estate. DIY kits are only suitable for the simplest of estates. If you use one, having a solicitor review it before you sign is a sensible precaution. This is general information only; seek legal advice for your own circumstances.
Does my will cover my superannuation?
Generally, no. Superannuation is held in trust by your super fund and is not automatically part of your estate. It is distributed according to your fund's rules and any binding death benefit nomination you have lodged with the fund. If your nomination has lapsed or was never made, the fund trustee has discretion over where the money goes, which may not align with your wishes. Check your current nomination directly with your super fund, and consider seeking advice from a financial adviser or solicitor to make sure your overall arrangements are consistent. This is general information only.
How often should I update my will?
As a general guide, reviewing your will every three to five years is sensible, and you should also review it after any major life event — marriage, divorce, the death of a named executor or beneficiary, the birth of grandchildren, or a significant change in your financial situation. In Victoria, marriage generally revokes a will made before that marriage, and divorce can affect certain gifts and appointments. A solicitor can advise whether a new will is needed or whether a formal amendment called a codicil is sufficient. This is general information only; seek legal advice for your specific circumstances.
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