If you do not have a Will when you pass away, then your assets will be distributed in accordance with a legislative formula contained in the Administration and Probate Act 1958 (Vic); This is called dying “intestate”.
This framework is an objective approach to the division of one’s estate and does not take into account personal preference or wishes of the deceased. The following provides an outline of the legislative formula as of January 2025.
Having a Will in place is always beneficial to avoid uncertainty and ensure your wishes are clearly understood and carried out after your death.
How can I learn more?
Kelly Brown.
Senior Associate.
- Property and Wills & Estates
- 03 9890 3321
- Email Address: k.brown@robinsongill.com.au
Mikayla Shaw.
Lawyer.
- Wills & Estate Planning
- 03 9890 3321
- Email Address: m.shaw@robinsongill.com.au
Some other resources you
might find helpful
Rich v TAC [2025] VCC 1517 – A pragmatic County Court “nervous shock” serious injury decision and the application of Jones v Dunkel in a serious injury context
The decision of the County Court in Rich v TAC [2025] VCC 1517 is an interesting example of a serious injury decision for a psychiatrically injured plaintiff under s.93 of the Transport Accident Act 1986 (the TAA).
Section 459 arrest power: when are there reasonable grounds to believe an indictable offence has been committed?
The case of Carrie Peters (a Pseudonym) v the State of Victoria [2023] VCC 1791 examined the circumstances in which police are entitled to arrest an individual without a warrant under section 459 of the Crimes Act 1958 (Vic) (Crimes Act).
What Role Does the TAC Clinical Panel Play in Determining Whether Your Surgery Is Paid For?
If you’ve been injured in a transport accident, you may be surprised to find that the Transport Accident Commission (TAC) don’t automatically agree to pay for all requested treatment.
