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Wills and Probate Lawyers Melbourne
Protecting Your Legacy and Supporting Families With Over 50 Years of Trusted Legal Experience
Ensuring Your Wishes Are Respected — Now and Into the Future
Wills and probate law exist to give structure to life’s most personal transitions. Whether you’re making a Will, administering a loved one’s estate, or facing a legal challenge after a death, Kelly & Chapman Lawyers provides clear, sensitive and legally accurate guidance every step of the way.
Established in 1966
we have served Melbourne’s southeast community with diligence, respect and integrity for over five decades. Our Wills and Probate team combines technical expertise with a human touch, helping individuals and families plan ahead, resolve disputes, and honour the intentions of those who’ve passed.
From basic Will drafting to complex probate applications, disputes over estates or intestacy, we’re here to make sure your rights are protected and your responsibilities are clear.
Wills and Probate Law
• Involves appointing executors, applying for probate or letters of administration, and handling the financial obligations of the deceased.al force.
• Is the area of law that deals with estate planning, succession, and the legal process after a person dies.
• Requires careful drafting to ensure Wills are legally binding and challenge-resistant.
• Ensures that assets are distributed according to a valid Will or under intestacy law if there is no Will.
• Includes resolving disputes over Wills, family provision claims, and contests involving undue influence or lack of capacity.
Why Choose Our Wills and Probate Lawyers
At Kelly & Chapman, we understand that Wills and estate issues often arise at difficult times - during illness, grief, or family tension. That’s why our approach is always compassionate, confidential, and focused on simplifying the process. We offer practical solutions and ensure your legal documents are correctly prepared and administered.
- Accurate legal advice: Avoid costly errors and delays with properly structured Wills and applicationsg
- Clear communication: We explain legal terms in plain English and keep you updated
- Fixed-fee Wills available
- Multilingual service: We speak Greek, Croatian, Bosnian and Serbian
- Convenient: Free parking at our Oakleigh office and home visits available by arrangement
Signs You Need a Wills and Probate Lawyer
1. You Don’t Yet Have a Will
Without a Will, your assets will be distributed according to rigid intestacy laws — not your personal wishes. A legally valid Will gives you control over:
• Who inherits your estate
• Who manages it (your executor)
• Guardianship of children
• Gifts to friends, charities, or causes
We prepare custom Wills that reflect your values, relationships, and financial structure.
2. You’ve Been Appointed Executor
If you’re the executor of a Will, you carry legal responsibilities. We help you:
• Obtain a grant of probate
• Collect and value assets
• Pay debts and taxes
• Distribute assets lawfully
• Avoid disputes and liability
We take care of the paperwork, court filing and deadlines while you focus on honouring the deceased’s wishes.
3. A Loved One Died Without a Will
Has an attorney misused power, or is there a dispute about whether someone had capacity when it was made? VCAT has the authority to:
• Revoke or suspend a power of attorney
• Investigate misuse of authority
• Appoint new decision-makers
We guide you through this sensitive process and protect vulnerable individuals.
4. A Will Is Being Disputed or Challenged
Family disputes over Wills are increasingly common. We represent:
• Executors defending the Will
• Beneficiaries contesting or challenging distributions
• Claimants under family provision laws (including estranged children or dependents)
Our role is to resolve these issues fairly and protect the rightful entitlements under law.
5. You Need an Enduring Power of Attorney or Medical Directive
We draft and register:
• Enduring Powers of Attorney for financial and legal matters
• Medical Treatment Decision Makers
• Advance Care Directives
These documents protect you if you lose decision-making capacity through illness, accident, or ageing.
Our Process
Consultation
We discuss your situation and goals, whether it’s creating a Will, applying for probate, or resolving a dispute.
Document Preparation or Review
We draft legal documents or review existing ones for validity, clarity, and alignment with current legislation.
Lodgement or Filing (if applicable)
We lodge probate or administration applications with the Supreme Court of Victoria and manage all statutory obligations.
Asset Distribution and Legal Support
If acting for an executor, we oversee all required steps to administer the estate lawfully. If acting for a claimant, we lodge and negotiate your entitlements.
Ongoing Advice
We stay available to help you amend your Will, respond to claims, or update documents if your circumstances change.
Why Kelly & Chapman for Wills and
Probate Law in Melbourne
Our firm has helped thousands of clients across the southeast plan their estates, manage probate, and protect their family legacies. We understand that estate law is more than just paperwork — it’s about people, relationships, and peace of mind.
Our strength lies in combining technical precision with personal care. We take the time to understand your intentions and translate them into secure, enforceable legal documents.
Since 1966, we’ve served Oakleigh, Chadstone, Carnegie, Clayton, Bentleigh, and surrounding areas with professionalism and trust.
Services We Provide
• Will drafting (including testamentary trusts)
• Fixed-fee standard Wills
• Probate applications
• Letters of administration
• Estate administration and asset transfers
• Estate litigation and family provision claims
• Power of attorney (financial & medical)
• Advance care planning
• Executor advice and support
• Contesting and defending Wills
We also work closely with your accountant or financial adviser to ensure aligned planning across all your legal and financial documents.
What Our Clients Say
We needed to have our wills written.Our experience with Misko was a positive one. He executed with understanding and professionalism. I will not hesitate to enlist his expertise when I next needed a lawyer.
For the emotional task of finalising my late husband's estate, the staff at Kelly and Chapman were outstanding, caring and professional - thankyou
Misko was a great help in guiding our large family through the processes of our mothers. . He displayed the knowledge we required and patience we needed, even dealing with my very basic zoom knowledge.
Misko and Susan made a very difficult time much easier to manage and get through. Misko handled the will of a late friend seamlessly and Susan sold her property efficiently and covered off all of the annoying issues. I would recommend both to anyone managing probate and/or selling of a property. Thank you to both of you.
Frequently Asked Questions About Wills & Probate
Do I really need a lawyer to make a Will?
Yes. A poorly drafted Will can be declared invalid, leading to costly legal battles and unintended outcomes.
How long does probate take in Victoria?
Typically, 4–6 weeks after lodging, if documents are complete and uncontested. We streamline the process.
Can I contest a Will if I’ve been left out?
Yes — under the Administration and Probate Act (VIC), eligible people (like spouses, children, dependents) may apply for provision if the Will is unfair.
What happens if someone dies without a Will?
Their estate is handled under intestacy laws. We assist with Letters of Administration and ensure compliance with legal obligations.
Is an online Will valid?
Possibly, but risky. Online Wills often fail to meet legal formalities or consider complex family or asset situations. Always get a lawyer’s advice.
Book a Wills and Probate Appointment Today
Book a Wills and Probate Appointment Today
Contact Kelly & Chapman – VCAT Lawyers Melbourne
In-person, phone and video appointments available.
Serving Bentleigh , Brighton East, Caulfield , Hampton, Cheltenham, Highett, Oakleigh, Malvern East, Hughesdale, Mount Waverley, and all of the Melbourne’s southeast.
Kelly & Chapman Lawyers
Legal support that’s clear, local and truly on your side.
Hours:
Mon - Fri (9 am - 5pm)
Free Parking Available
©Copyright Kelly & Chapman Lawyers 2025 • Privacy Policy
Kelly & Chapman Lawyers
Legal support that’s clear, local and truly on your side.
Hours:
Mon - Fri (9 am - 5pm)
Free Parking Available
©Copyright Kelly & Chapman Lawyers 2025 • Privacy Policy