Wills, Estates & Probate
Planning for the future or managing an estate after a loss requires clarity, care and a steady legal hand. At Burton Morley Naughton, Wills, Estates and Probate is a long‑standing area of strength, led by Special Counsel Tony Naughton, who has advised generations of families and managed thousands of estate matters over his career. With tens of thousands of Wills held in our firm’s safe custody, we bring deep experience, continuity and trust to every matter — whether you are preparing your Will, administering an estate or resolving a dispute.
Wills & Estate Planning Services
We help individuals and families plan for the future with clear, tailored documents that reflect their wishes and protect their interests. We have decades of experience advising generations of families — our estate planning services are precise, practical and grounded in long‑term continuity.
Wills and tailored estate planning — Carefully drafted Wills that reflect your intentions, address family dynamics and minimise the risk of disputes. We ensure your documents are structured clearly so your wishes can be carried out without uncertainty.
Testamentary trusts — Trust structures designed to protect assets, support children or vulnerable beneficiaries, and provide tax‑effective long‑term arrangements.
Powers of Attorney — Appointment of trusted decision‑makers for financial, personal and medical matters, ensuring your affairs can be managed if you are unable to act.
Advanced care and guardianship planning — Guidance on medical decision‑making, guardianship for children and planning for future care needs.
Succession planning for families and businesses — Structuring arrangements for family wealth, business continuity and intergenerational planning, including trusts, company structures and long‑term strategies.
Secure Will storage — With tens of thousands of Wills held in our firm’s safe custody, clients benefit from continuity, security and the assurance that their documents can be accessed when needed.
Explore more about Powers of Attorney, Medical Treatment Decision Makers & Guardianship
Probate & Estate Administration Services
We support executors and families through the legal and practical steps required after a person passes away. Our approach is organised and respectful — ensuring estates are administered efficiently and in accordance with the law.
Probate applications — Preparing and lodging applications for Grants of Probate, ensuring the Will is validated and the executor is formally authorised to act.
Letters of Administration — Assisting families where there is no valid Will, guiding them through the intestacy process and obtaining the authority needed to manage the estate.
Full estate administration — Managing all estate tasks including asset collection, dealing with banks and institutions, paying liabilities, preparing distributions and completing all compliance requirements.
Superannuation death benefit claims — Advising executors and beneficiaries on trustee decisions, entitlements and disputes relating to superannuation funds.
Estate disputes and contested matters — Acting for executors or claimants in family provision claims, challenges to Wills and contested estates, with a focus on early resolution where possible.
Complex or high‑value estates — Guidance for estates involving trusts, business assets, blended families, tax considerations or multiple jurisdictions.
How We Work Together
01 Initial Consultation
We begin by discussing your family structure, assets, intentions and any sensitivities or risks. For estate administration, we review the Will, key documents and immediate priorities so you understand the steps ahead.
02 Options & Scope of Work
Whether preparing a Will or managing an estate, we outline the options available, explain the legal requirements and provide a structured plan. This includes timeframes, responsibilities and any potential complexities such as trusts, blended families or disputes.
03 Carrying out the Work
For estate planning, we prepare precise, tailored documents that reflect your wishes and protect your interests. For probate and administration, we handle all steps — applications, notifications, asset collection, distributions and compliance — ensuring the process is orderly and efficient.
04 Finalisation and Ongoing Support
Once your documents are complete or the estate is finalised, we ensure everything is properly executed, stored and recorded. We remain available for updates, future planning and support for your family when needed.
Why Choose Us For Your Will, Probate or Estate Planning
A dedicated estates practitioner — This area is led by Special Counsel Tony Naughton, who has spent decades advising families on Wills, estates and probate. His experience spans thousands of matters, giving clients confidence that their affairs are handled with precision and care.
Tens of thousands of Wills in safe custody — Burton Morley Naughton holds an extensive archive of Wills for generations of clients, reflecting the trust placed in our firm and the continuity we provide to families over many decades.
Clear, practical guidance — Estate planning and administration can feel overwhelming. We provide straightforward explanations, realistic expectations and a structured approach so you always know what is required and why.
Strong attention to detail — Wills and probate matters rely on accuracy. We ensure documents, applications and estate processes are completed meticulously to avoid delays, disputes or unintended outcomes.
Support for families during difficult times — Estate administration often follows a loss. We take a calm, steady approach, managing the legal steps so families can focus on what matters most.
Experience with complex estates — We regularly assist with blended families, trusts, business assets, superannuation issues and contested estates, providing strategic advice tailored to each situation.
Common Questions About Wills, Estates and Probate
01 Do I need a lawyer to prepare a Will?
A professionally drafted Will reduces the risk of disputes and ensures your wishes are carried out correctly. DIY Wills often create ambiguity or errors that become costly for families later.
02 How often should I update my Will?
Major life changes such as marriage, separation, children or significant asset changes are good times to review your Will. Regular updates ensure your documents remain accurate and effective.
03 What is Probate?
Probate is the court process confirming a Will is valid and authorising the executor to administer the estate after a person has died. It is required for most estates where assets are held in the deceased’s name.
04 How long does Probate take?
Straightforward applications typically take several weeks once lodged, though complex estates or missing documents can extend the timeframe. We manage the process to minimise delays.
05 What happens is there is no Will?
The estate is distributed according to Victorian intestacy laws, which may not reflect the person’s wishes. We assist families in obtaining Letters of Administration and managing the estate.
06 What should I consider when planning my Estate?
Estate planning involves more than drafting a Will; it requires thinking about assets, family circumstances, tax implications and future needs. We help you structure your affairs so your wishes are carried out effectively and with minimal risk of disputes.
07 What is a Power of Attorney, and why would I need one?
A Power of Attorney allows someone you trust to make financial or personal decisions on your behalf if you are unable to do so. Having these documents in place ensures your affairs can be managed smoothly without delays or uncertainty.
Explore more about Powers of Attorney
08 What is the difference between roles in Estate Planning & Estate Administration?
An Executor manages your estate after you pass away, while a Power of Attorney makes financial or personal decisions for you during your lifetime if you cannot act. A Medical Treatment Decision Maker handles medical decisions, and a Guardian (appointed for children or vulnerable people) is responsible for their care and welfare.
09 What if an estate is complex or disputed?
Complex estates require careful management of assets, beneficiaries and legal obligations. We provide strategic guidance to resolve issues efficiently and protect the estate.
Speak With a Wills & Estates Lawyer
Whether you are planning for the future or managing an estate, early advice brings clarity and confidence. We provide steady, practical guidance across all aspects of Wills, estates and probate.