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Wills & Probate
Protecting Your Legacy and Supporting Families With Over 50 Years of Trusted Legal Experience

Ensuring Your Wishes Are Respected — Now and Into the Future

Wills and probate law exist to give structure to life’s most personal transitions. Whether you’re making a Will, administering a loved one’s estate, or facing a legal challenge after a death, Kelly & Chapman Lawyers provides clear, sensitive and legally accurate guidance every step of the way.

Since 1966

we have served Melbourne’s southeast community with diligence, respect and integrity for over five decades. Our Wills and Probate team combines technical expertise with a human touch, helping individuals and families plan ahead, resolve disputes, and honour the intentions of those who’ve passed.

From basic Will drafting to complex probate applications, disputes over estates or intestacy, we’re here to make sure your rights are protected and your responsibilities are clear.

Wills and Probate Law

Involves appointing executors, applying for probate or letters of administration, and handling the financial obligations of the deceased.al force.

s the area of law that deals with estate planning, succession, and the legal process after a person dies.

Requires careful drafting to ensure Wills are legally binding and challenge-resistant.

Ensures that assets are distributed according to a valid Will or under intestacy law if there is no Will.

Includes resolving disputes over Wills, family provision claims, and contests involving undue influence or lack of capacity.

Why Choose Our Wills and Probate Lawyers

At Kelly & Chapman, we understand that Wills and estate issues often arise at difficult times – during illness, grief, or family tension. That’s why our approach is always compassionate, confidential, and focused on simplifying the process. We offer practical solutions and ensure your legal documents are correctly prepared and administered.

 

  • Accurate legal advice: Avoid costly errors and delays with properly structured Wills and applications
  • Clear communication: We explain legal terms in plain English and keep you updated
  • Fixed-fee Wills available
  • Multilingual service: We speak Greek, Croatian, Bosnian, and Serbian
  • Convenient: Free parking at our Bentleigh office and home visits available by arrangement

Signs You Need a Wills and Probate Lawyerr

1. You Don’t Yet Have a Will

Without a Will, your assets will be distributed according to rigid intestacy laws — not your personal wishes. A legally valid Will gives you control over:
• Who inherits your estate
• Who manages it (your executor)
• Guardianship of children
• Gifts to friends, charities, or causes
We prepare custom Wills that reflect your values, relationships, and financial structure.

2. You’ve Been Appointed Executor

If you’re the executor of a Will, you carry legal responsibilities. We help you:
• Obtain a grant of probate
• Collect and value assets
• Pay debts and taxes
• Distribute assets lawfully
• Avoid disputes and liability
We take care of the paperwork, court filing and deadlines while you focus on honouring the deceased’s wishes.

3. A Loved One Died Without a Will

Property-related litigation includes:
• Commercial lease disputes
• Unpaid rent or bond issues
• Building defect claims
• Co-owner or boundary disagreements
• Title or caveat disputes

We act for landlords, tenants, co-owners and developers to resolve disputes decisively.

4. A Will Is Being Disputed or Challenged

Family disputes over Wills are increasingly common. We represent:
• Executors defending the Will
• Beneficiaries contesting or challenging distributions
• Claimants under family provision laws (including estranged children or dependents)
Our role is to resolve these issues fairly and protect the rightful entitlements under law.

5. You Need an Enduring Power of Attorney or Medical Directive

We draft and register:
• Enduring Powers of Attorney for financial and legal matters
• Medical Treatment Decision Makers
• Advance Care Directives
These documents protect you if you lose decision-making capacity through illness, accident, or ageing.

Our Litigation Process

Consultation

We discuss your situation and goals, whether it’s creating a Will, applying for probate, or resolving a dispute.

Document Preparation or Review

We draft legal documents or review existing ones for validity, clarity, and alignment with current legislation.

Lodgement or Filing (if applicable)

We lodge probate or administration applications with the Supreme Court of Victoria and manage all statutory obligations.

Asset Distribution and Legal Support

If acting for an executor, we oversee all required steps to administer the estate lawfully. If acting for a claimant, we lodge and negotiate your entitlements.

Ongoing Advice

We stay available to help you amend your Will, respond to claims, or update documents if your circumstances change.

Why Kelly & Chapman for Wills and
Probate Law in Melbourne

Our firm has helped thousands of clients across the southeast plan their estates, manage probate, and protect their family legacies. We understand that estate law is more than just paperwork — it’s about people, relationships, and peace of mind.

Our strength lies in combining technical precision with personal care. We take the time to understand your intentions and translate them into secure, enforceable legal documents.

Since 1966, we’ve served Oakleigh, Chadstone, Carnegie, Clayton, Bentleigh, and surrounding areas with professionalism and trust.

Services We Provide

Will drafting (including testamentary trusts)

  • Fixed-fee standard Wills
  • Probate applications
  • Letters of administration
  • Estate administration and asset transfers
  • Estate litigation and family provision claims
  • Power of attorney (financial & medical)
  • Advance care planning
  • Executor advice and support
  • Contesting and defending Wills

We also work closely with your accountant or financial adviser to ensure aligned planning across all your legal and financial documents.

What Our Clients Say

 

  • Please don't use their service.

    Jess Hartanu Avatar Jess Hartanu
    January 8, 2024
  • Nice and friendly service. Always welcoming and they are pretty quick with the process

    Avr Avatar Avr
    April 22, 2025
  • Great staff and very helpful

    Tony Farfor Avatar Tony Farfor
    April 8, 2025
  • Thanku

    A V Avatar A V
    December 16, 2025
  • Title: A Seamless and Stress-Free home buying experience with Kelly & Chapman I recently had the pleasure of working with Susan Gale-Phillips from Kelly & Chapman for the purchase of our property, and I am compelled to share the exceptional experience I had with their services. From the outset, Susan displayed a profound understanding of the intricacies of property transactions. Her expertise and attention to detail were evident as she navigated the complexities of the legal aspects involved in our property transaction. Communication was a standout feature throughout the process. She ensured that I was kept well-informed at every stage, providing timely updates and clarifications whenever necessary. This transparent and proactive approach alleviated much of the stress typically associated with property transactions, and I always felt confident that my interests were being prioritized. One of the most impressive aspects of Susan's service was her responsiveness. Emails and phone calls were promptly returned, and she was readily available to address any concerns or queries I had. This level of accessibility and dedication to client satisfaction set a high standard for professionalism. In conclusion, my experience with Susan (and Kelly & Chapman) was nothing short of outstanding. Their professionalism, expertise, and unwavering dedication to client satisfaction made the entire process seamless and stress-free. I wholeheartedly recommend Susan to anyone in need of a reliable and proficient solicitor/conveyancer for their property transactions. In fact, I have already done so to a friend, and he has benefited from her expertise. Thanks to their efforts, I am now happily settled in my new home, and I am grateful for the excellent service they provided.

    Rami Avatar Rami
    January 9, 2024

Frequently Asked Questions About Wills & Probate

Do I really need a lawyer to make a Will?
Yes. A poorly drafted Will can be declared invalid, leading to costly legal battles and unintended outcomes.
How long does probate take in Victoria?
Typically, 4–6 weeks after lodging, if documents are complete and uncontested. We streamline the process.
Can I contest a Will if I’ve been left out?
Yes — under the Administration and Probate Act (VIC), eligible people (like spouses, children, dependents) may apply for provision if the Will is unfair.
What happens if someone dies without a Will?
Their estate is handled under intestacy laws. We assist with Letters of Administration and ensure compliance with legal obligations.
Is an online Will valid?
Possibly, but risky. Online Wills often fail to meet legal formalities or consider complex family or asset situations. Always get a lawyer’s advice.

Ready to Talk?

It starts with a conversation. No pressure. Just a chance to meet, listen and plan the next step together.