Estate planning St Kilda — wills, powers of attorney and protection for every kind of family

In this guide(5 sections)

We're St Kilda locals — the office has been on Chapel Street since 2012 — so estate planning here is genuinely close to home. St Kilda is one of Melbourne's most diverse suburbs, and that diversity shows up in estate planning: long-held period homes, a fast-growing apartment population, many couples who've built a life together without marrying, and a significant LGBTIQ+ community. The single most important thing for a lot of St Kilda households is simply having valid, up-to-date documents — because the law's "default" plan, if you don't have one, often isn't the plan you'd want.

At a glance — estate planning in St Kilda

The risk that catches a lot of St Kilda couples: no will, or an old one

If you're in a couple but not married — and a great many St Kilda households are — this matters more than you'd think. Without a valid will, the law decides who gets what using a fixed "intestacy" formula. That formula can leave an unmarried partner, a same-sex partner, or stepchildren in a far weaker position than you'd ever intend, and it can force the people you love into a stressful, public court process at the worst possible time.

A clear, valid will fixes this. It's not about how much you own — it's about making sure the right people are looked after, without a fight, and without the court having to guess what you would have wanted.

What we help St Kilda clients put in place

• A properly drafted will — who receives what, who carries it out (your executor), and who cares for young children. Drafted to be valid and hard to challenge.
• Protection for de facto, unmarried and same-sex partners — making sure your partner is provided for, rather than relying on a default that may not recognise them the way you'd want.
• Testamentary trusts — where they genuinely help: protecting an inheritance through a child's own relationship breakdown or bankruptcy, or providing for someone who needs support managing money.
• Enduring Power of Attorney — so someone you trust can handle your finances and personal decisions if you ever lose capacity. More on Enduring Powers of Attorney here.
• Medical Treatment Decision Maker — naming who makes medical decisions for you if you can't.
• Family-provision risk planning — especially for blended families, where an earlier marriage or stepchildren can complicate things.

For Jewish families in the St Kilda East and Balaclava community, we also draft wills that work in both Victorian law and halacha, coordinating the religious and legal sides in one plan.

When it's worth coming in

• You're in a relationship but not married, and you've never made a will (or yours predates the relationship).
• You've separated, repartnered, or had children — and your will no longer reflects your life.
• You own an apartment or home in the area and want it to pass smoothly to the right people.
• A parent is slowing down and the family needs capacity-loss documents in place before there's a crisis.

Frequently asked questions

I'm not married — does my partner automatically inherit if I die without a will?

Not necessarily, and that's the trap. Without a will, a fixed legal formula decides who inherits, and it can leave a de facto or same-sex partner with far less than you'd intend — or force them to make a claim through the court to be recognised. A valid will is the simplest way to make sure your partner is properly looked after.

Do I really need a lawyer to draft a will, or is a kit enough?

For a very simple estate a kit can technically work, but the cost of getting it wrong — invalid signing, unclear wording, missed superannuation, an unintended challenge — falls on the people you love, after you're gone. For most St Kilda households, especially unmarried couples and blended families, having a lawyer draft it once costs far less than a contested estate later.

What's an Enduring Power of Attorney, and do I need one as well as a will?

Yes — they do different jobs. A will only operates after you die. An Enduring Power of Attorney lets someone you trust make financial and personal decisions for you while you're alive but unable to (through illness or injury). Without one, your family may have to apply to VCAT — slow, public and stressful. We usually put both in place together.

I have children from a previous relationship — how do I look after them and my current partner?

This is the classic blended-family question, and it's very common in St Kilda. There are good options — testamentary trusts, life interests in the home, carefully balanced gifts — that provide for your current partner while protecting your children's eventual inheritance. The right structure depends on your family; we'll talk it through and document the reasoning to reduce the risk of a later dispute.

How often should I update my will?

Whenever life materially changes — a new relationship, a separation, a child or grandchild, the death of an executor or beneficiary, buying or selling a home, or moving interstate. If you can't remember when you last looked at it, it's time.

Do you do home visits for elderly or unwell clients?

Yes. For clients in St Kilda and the surrounding bayside suburbs who can't easily get to the office, we arrange to come to you. Capacity and proper, unpressured instructions matter a great deal with wills, and a home visit is often the kindest way to manage that.