This chapter explains the process of administration of an estate, whether the deceased has made a will or not, and goes through the basic order of the steps to be taken and the relevance of the major rules.

Any reader who is making a will would find it useful to read the explanation of how an estate is processed (see: Chapter 20*2 Estates). This will explain why it is important to write out a will in the right way, and why it is important to choose an executor carefully.

The standard will provided at the end of the chapter is a model that is simple and straightforward. More complex instructions in a will are best checked by a lawyer before the will is signed. Few things are more distressing than a bequest that fails because of a badly drafted will.

Traditionally, terminology used in the area of wills and estates is gender specific. For example, the person nominated by the deceased to carry out directions regarding property in the will is called an executor if male and an executrix if female. To avoid repetition, the male term is used throughout this chapter.

The law relating to wills was previously set out in the Wills Act 1958 (Vic) ("WA 1958"). This has been replaced by the Wills Act 1997 (Vic) ("WA 1997"). The WA 1997 will affect a will made after 20 July 1998, or the will of a person who died after that date leaving a will, whenever executed. The WA 1958 may still affect wills made prior to 20 July 1998. If there is any doubt as to which statute applies to a particular will, legal advice should be obtained.