Wills & Estate Lawyers in Brighton

A clear will and a proper estate plan are the kindest thing you can leave your family. Quinn & Quinn is a local Brighton firm helping bayside families put theirs in order, and helping executors when the time comes.

Estate planning for Brighton and bayside families

From our office on Male Street in the heart of Brighton, Quinn & Quinn acts for families right across bayside Melbourne on the full run of wills and estates work: the wills and powers of attorney that put a plan in place, and the probate, administration and disputes that follow when a plan is put to use. You deal with an experienced local lawyer who takes the time to understand your family and your assets, not a call centre and a template.

Estate planning is not only for the elderly or the wealthy. Anyone with a home, a superannuation balance, a young family or a blended family has decisions worth getting right. A well-made plan spares the people you love from confusion, cost and conflict at the worst possible time.

Wills

A valid, up-to-date will is the foundation. We draft wills that say clearly who receives what, appoint the right executor, and account for the assets that do and do not pass under a will. We also review existing wills, because a will made before a marriage, divorce, new child or major asset change may no longer do what you think it does. In Victoria, marriage generally revokes a will and divorce affects gifts to a former spouse, so life events are the moments to check.

Powers of attorney and medical decision makers

Planning is not only about after you die. An enduring power of attorney lets someone you trust manage your financial and legal affairs if you lose capacity, and a medical treatment decision maker and advance care directive cover your health decisions. Putting these in place while you are well avoids the expense and distress of an application to VCAT later.

Testamentary trusts and tax-effective structuring

For many families, a simple gift is not the best way to pass on wealth. A testamentary trust, created by your will, can protect assets for children, provide for a beneficiary with a disability, guard against a beneficiary's relationship breakdown or bankruptcy, and deliver real tax advantages for minor beneficiaries. We advise on whether a testamentary trust suits your circumstances and draft it into your will.

Probate and estate administration

When someone dies, the executor named in the will usually needs a grant of probate from the Supreme Court of Victoria before they can deal with the estate. We guide executors through the whole process: applying for probate, calling in and valuing assets, paying debts and tax, and distributing to beneficiaries correctly and on time. Where there is no will, we assist with letters of administration on an intestate estate.

Estate disputes and family provision claims

Not every estate goes smoothly. We act for both sides of estate disputes: beneficiaries and eligible people bringing a family provision claim who believe a will did not adequately provide for them, and executors defending an estate against a claim. As a firm with genuine litigation depth, we can advise honestly on the merits and, where it makes sense, resolve matters through mediation rather than a costly trial. See our dispute resolution and litigation services.

Frequently asked questions

Do I really need a lawyer to make a will?

You can write a will yourself, but the will kits and online templates are where most of the estate disputes we see begin. A poorly worded clause, an out-of-date will after a marriage or divorce, or an asset that passes outside the will can undo the whole intention. A properly drafted will costs a fraction of the litigation that follows a bad one.

What is the difference between a will and estate planning?

A will directs who receives your assets after you die. Estate planning is broader: it also deals with enduring powers of attorney and medical decision makers for while you are alive, superannuation and life insurance nominations that pass outside your will, testamentary trusts for tax and asset protection, and structuring to reduce the risk of a family provision claim. A will is one part of a plan.

How long does probate take in Victoria?

For a straightforward estate, a grant of probate from the Supreme Court of Victoria usually takes a few weeks once the application is lodged, then several months to call in assets, pay liabilities and distribute to beneficiaries. Contested estates, missing documents or complex assets extend that timeline. We manage the whole process for executors.

Can someone challenge my will?

Yes. Eligible people, such as a spouse, partner or child, can bring a family provision claim if they believe the will does not make adequate provision for them. Careful drafting, clear reasons, and the right structures reduce the risk, though they cannot remove the right to claim. We advise both will-makers planning ahead and executors defending an estate.

Next step

For a confidential conversation about your will, your estate plan, or an estate you are administering in Brighton or bayside Melbourne, see our broader wills and estate planning services, meet our team, or contact us to arrange a time.