Estate Planning in Victoria.
Estate planning in Victoria is governed by its own suite of state legislation, including legislation that was significantly updated in 2014–2016. Victorian families should ensure their powers of attorney and advance care directives are current and comply with the most recent legislative requirements.
VIC Legislative Framework
The Laws That Govern Your Estate in Victoria
Wills
Wills Act 1997 (Vic)
Powers of Attorney
Powers of Attorney Act 2014 (Vic)
Health Directives
Medical Treatment Planning and Decisions Act 2016 (Vic)
Probate Court
Supreme Court of Victoria (Probate)
Wills Act 1997 (Vic)
Wills in Victoria
In Victoria, wills are governed by the Wills Act 1997. A valid will must be in writing, signed by the testator in the presence of two adult witnesses who are both present at the same time and also sign in the testator's presence. Beneficiaries should not witness the will. Victoria allows courts to dispense with formal requirements in appropriate circumstances where a document clearly represents the testator's genuine wishes.
Key points
- Governed by the Wills Act 1997 (Vic)
- Must be signed by testator in presence of two simultaneous witnesses
- Witnesses cannot be beneficiaries or their spouses
- Court may dispense with formalities in exceptional circumstances
- Probate granted by Supreme Court of Victoria
Powers of Attorney Act 2014 (Vic)
Powers of Attorney in Victoria
Victoria's Powers of Attorney Act 2014, which came into effect on 1 September 2015, significantly modernised how attorneys are appointed in Victoria. If you have a Victorian power of attorney document created before September 2015, it may still be valid — but it should be reviewed to ensure it remains fit for purpose and reflects your current wishes. The Victorian Civil and Administrative Tribunal (VCAT) handles disputes and capacity-related matters.
Key points
- Powers of Attorney Act 2014 (Vic) — new forms required from September 2015
- Pre-2015 documents may still be valid but warrant review
- Principal and attorney must both sign before an eligible witness
- Witness must be a lawyer, registered medical practitioner, or other eligible person
- VCAT handles disputes and substitute decision-making matters
Medical Treatment Planning and Decisions Act 2016 (Vic)
Advance Health Directives in Victoria
Victoria has some of Australia's most comprehensive advance care directive legislation. The Medical Treatment Planning and Decisions Act 2016 introduced a formal Advance Care Directive system that allows Victorians to document their values and preferences and appoint a Medical Treatment Decision Maker (MTDM) to make health decisions on their behalf. Victorian directives can include both specific binding Instructional Directives and broader Values Directives.
Key points
- Formal Advance Care Directive under Medical Treatment Planning and Decisions Act 2016
- Can include Instructional Directives and Values Directives
- Appoint a Medical Treatment Decision Maker (MTDM)
- Directives are legally binding on treating health practitioners in VIC
- Review and update regularly as your circumstances change
VIC-specific guidance
Victoria Estate Planning: What Changed in 2014–2016
Victoria's estate planning landscape changed significantly with new Powers of Attorney legislation (effective September 2015) and new advance care directive legislation (effective March 2018). If your estate planning documents were prepared before 2015, particularly your powers of attorney, we strongly recommend a review. Victoria also abolished stamp duty on property transfers between spouses and domestic partners, which has estate planning implications for asset restructuring.
- POA legislation changed in 2015 — pre-2015 EPAs should be reviewed
- Advance care directive legislation changed in 2018
- No stamp duty on VIC property transfers between spouses/domestic partners
- VCAT can appoint an administrator if no EPA is in place
- Mutual wills arrangements need careful legal documentation
Common Questions About Estate Planning in Victoria
State-specific answers to help you understand what's required where you live.
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