In Victoria, there are specific legal requirements for making a valid will, such as the need for the Testator to have mental capacity at the time of making the will. Failure to meet these requirements can lead to challenges to the validity of the will, which can cause further delays and legal costs.
If a person passes away Intestate in Victoria, the distribution of their assets will be determined by the laws of intestacy under the Administration and Probate Act 1958 (the Act). The Act sets out a hierarchy of beneficiaries, which prioritizes a spouse or domestic partner, followed by children, grandchildren, parents, siblings, and other relatives in a specific order. If there are no living relatives, the estate will go to the state government.
In addition to the distribution of assets, a will can also provide instructions on other important matters, such as the appointment of an Executor to manage the estate and the distribution of personal items. It can also provide for charitable donations and other specific wishes of the Testator.