Your Complete Guide to Making a Will
For many people, making a Will remains firmly on the to-do list - important enough to recognise, but easy to put off. Between work, family, social commitments and the demands of everyday life, estate planning rarely feels urgent. Lawyer, Lilly Kimpton, breaks it down step-by-step in our complete guide.
For others, the hesitation stems from uncertainty. There's a common perception that making a Will is a complex legal exercise involving difficult decisions, extensive paperwork and a strong grasp of legal terminology.
The process is often far more straightforward than expected. A well-prepared Will isn't just a legal document. It's an opportunity to make considered decisions about the people, assets and values that matter most to you, while providing clarity and reassurance for those you leave behind.
At McManus & Co Lawyers, we don't expect clients to arrive with all the answers. Our role is to guide you through the process, explain your options clearly, and help you put a practical and effective estate plan in place.
So, what actually happens when you make a Will with us?
Before your initial consultation
Getting started is often the hardest part, but it doesn't need to be.
Most clients begin by booking an initial consultation online [unique link], calling our office, or sending an enquiry through our website. From there, we'll guide you through the next steps.
Before your consultation, you'll be invited to complete our Settify questionnaire. This gathers preliminary information about your circumstances, including your family structure, assets and any particular matters you'd like to discuss.
The questionnaire gives us valuable context before we meet, lets us consider any risk issues in advance, and means we can spend more time on advice and less time gathering basic information.
You don't need every document organised or every decision made before your appointment. Many clients come to us with questions, uncertainties, or simply a general idea that they'd like to put their affairs in order - that's exactly the purpose of the initial consultation.
Every estate plan is different, because every client is different. Whether your circumstances are straightforward or more complex, our role is to guide the conversation, identify the issues that need consideration, and help you understand your options.
We offer in-person and online appointments, making it easy to access advice at a time that suits your schedule.
Thinking about getting started? Booking an initial consultation is often easier than people expect.
Step 1: The initial consultation
Despite what many people expect, your first estate planning appointment isn't an exercise in legal jargon or a test of how organised you are.
At its core, it's a conversation.
Our first priority is to understand you - your family, your assets, your values, and the people and causes you want to protect. Estate planning is rarely just about distributing assets. It's about understanding your relationships, your responsibilities, and the outcomes you want for those closest to you.
During the appointment, we'll discuss questions such as:
Who would you like to appoint as your executor?
If you have young children, who would you want as their guardian?
Who should benefit from your estate?
Are there any particular wishes, concerns or family circumstances we should take into account?
We'll also explain the estate planning options available to you and provide practical advice tailored to your circumstances.
For some clients, the process is relatively straightforward. For others, there may be additional considerations that warrant more detailed planning, including:
blended family arrangements
superannuation and death benefit nominations
family trusts
business interests
asset protection strategies
more complex ownership structures
Part of our role is to identify issues you may not have considered, explain the implications, and help you make informed decisions with confidence.
Often, the most valuable outcome of the initial consultation isn't simply deciding who receives what - it's gaining a clearer understanding of how your affairs are structured and whether your estate plan reflects your intentions.
By the end of the consultation, our aim is for you to leave with greater clarity, confidence, and a clear understanding of next steps.
What to bring to your Will appointment:
The answer is usually less than you think.
We generally recommend bringing:
photo identification (a passport or driver's licence)
a broad overview of your assets and liabilities
information about your superannuation and any life insurance policies
any questions, concerns or objectives you'd like to discuss
You don't need spreadsheets, folders full of paperwork, or a fully formed estate plan. Many clients come to their first consultation seeking guidance rather than answers, and that's entirely normal. Our role is to help you work through the decisions, identify what information might be needed, and put together a plan that reflects your wishes.
Step 2: Preparing your documents
Once we've received your instructions and you've decided to proceed, much of the work moves behind the scenes - this is where the legal drafting begins.
Estate planning isn't simply about recording your wishes on paper. It's about ensuring those wishes can be carried out effectively when the time comes.
Depending on your circumstances, we generally recommend preparing:
a Will (simple, or more complex such as a Discretionary Testamentary Trust Will)
Enduring Powers of Attorney
Appointment of Medical Treatment Decision Makers
At this stage, we're reviewing your instructions against your family circumstances, asset ownership structures, succession objectives and any potential risks down the track.
We consider whether assets will pass as intended, whether additional protections may benefit beneficiaries, and whether anything could give rise to uncertainty, disputes or unintended outcomes. We also make sure the different parts of your estate plan work together, rather than operating as standalone documents.
It's not uncommon for additional considerations to come up during this process. A discussion about a Will sometimes leads to recommendations on superannuation nominations, trust structures, or other aspects of succession planning that weren't immediately obvious at the first meeting.
Much of this work happens quietly in the background, but it's often where the greatest value lies. Our objective isn't just to prepare documents that reflect your wishes today but to create an estate plan that stays practical and effective well into the future.
Step 3: Reviewing and signing your documents
Once your draft documents are prepared, we'll provide them for your review.
This gives you the chance to read through them carefully, consider our recommendations, and raise any questions before anything is signed.
Questions aren't only expected - they're encouraged.
For many clients, this is the first time they've seen their wishes translated into legal documents. It's entirely normal to ask about particular clauses, discuss alternative options, or request minor amendments so the documents accurately reflect your intentions.
Estate planning should never feel rushed. Taking the time to understand your documents and feel comfortable with your decisions is an important part of the process.
Once you're satisfied, we'll arrange a signing appointment, guide you through the formal execution requirements, make sure everything is signed correctly, and answer any final questions.
Once your documents are signed and finalised, you'll receive (on our recommendation):
your original Enduring Power of Attorney and Appointment of Medical Treatment Decision Maker
a copy of your Will
practical guidance on next steps
information to assist your executors, attorneys and loved ones in future
For added peace of mind, we offer complimentary secure storage of original Wills, helping to ensure the document can be located when needed.
How long does it take to make a Will?
The timeframe varies depending on your circumstances.
In most cases, we aim to have your estate plan completed and finalised within around six weeks from your initial meeting through to signing.
That said, estate planning doesn't happen in a vacuum. Life is busy, and it's not uncommon for clients to need extra time to gather information or work through personal and family decisions.
Our focus isn't speed for its own sake - we want to make sure your estate plan is properly considered, clearly understood, and tailored to your circumstances. What stays consistent throughout is our commitment to keeping you informed: estate planning should never feel like a mystery.
Frequently asked questions
Do I need to know exactly what I want before booking a consultation?
You don't need everything worked out. A significant part of our role is helping you understand your options, identify matters you may not have considered, and work through the decisions involved. It helps if you come with a general idea of who you'd like in positions of responsibility and who you'd like to benefit from your estate.
Can I update my Will later?
Yes, as long as you continue to have testamentary capacity. A Will should be reviewed whenever there's a significant change in your life, such as marriage, separation, the birth of children or grandchildren, changes in assets, retirement, or shifts in family relationships.
What if my situation is complicated?
Complex family structures are more common than many people realise. Blended families, trusts, businesses, asset protection considerations, vulnerable beneficiaries and succession planning issues often need tailored advice — these are exactly the situations where careful estate planning provides real value.
Do I need a lawyer to make a Will?
DIY Will kits may look straightforward, but they can cause significant issues even in simple circumstances - around validity, unclear drafting, and how the document is ultimately interpreted. Legal advice helps ensure your documents are valid, effective and capable of achieving the outcomes you intend, while reducing the risk of disputes and unintended consequences.
What happens if I don't have a Will?
If you pass away without a valid Will, your estate is distributed according to Victoria's intestacy rules. These may not reflect your personal wishes and can create extra complexity, delay and expense for your loved ones at an already difficult time.
Can the initial consultation be conducted remotely?
Yes. We regularly assist clients via Zoom or Teams, and can discuss the most suitable arrangement for your circumstances.
Taking the first step
Estate planning can feel daunting until you understand what's actually involved.
You don't need every answer, perfectly organised paperwork, or a fully formed plan before you begin. A good estate plan isn't created in a single moment - it's developed through thoughtful conversations, careful consideration, and advice tailored to your circumstances.
At McManus & Co Lawyers, our role is to guide you through that process, explain your options in a way that makes sense, and help you make informed decisions with confidence.
Getting your estate planning in order isn't about perfection. It's about taking a practical step to protect the people you care about and bring clarity to the future.
If you're ready to get started, we'd be pleased to assist. Contact our team to arrange a consultation and take the first step in putting your estate plan in place.
Book a consultation with our team, and we'll guide you through the process, step by step.