Do I need a solicitor to write a will in Victoria?

No, you can draft a will yourself or use an online service. If you want to know how to write a simple will for a straightforward estate, the step-by-step guide above covers exactly that. But only a solicitor can give you legal advice about your specific situation, flag risks like family provision claims, and ensure the document is properly executed. For anything beyond a very simple estate, professional advice is worth it.

Can I write my will by hand?

Yes. A handwritten will is valid in Victoria provided it's signed and witnessed correctly under the Wills Act 1997 (Vic). That said, typed wills are clearer and less prone to interpretation disputes.

How many witnesses do I need?

Two adult witnesses, both present at the same time when you sign. They must also sign the will. They should ideally not be beneficiaries or married to a beneficiary.

Does marriage revoke my existing will?

In most cases, yes. Marriage automatically revokes a will in Victoria unless the will was expressly made in contemplation of that marriage. If you marry after drafting your will without updating it, your estate could be distributed as if you had no will at all.

Can I leave superannuation in my will?

Not directly. Superannuation passes outside your estate via a binding death benefit nomination with your super fund. Your will doesn't control it unless the fund pays to your estate. Speak to a solicitor or financial adviser to coordinate your super and estate planning.

What happens if I die without a will in Victoria?

You die intestate, and your estate is distributed according to the Administration and Probate Act 1958 (Vic) – typically to your spouse, then children, then parents and siblings. Unmarried partners, friends, and charities receive nothing regardless of your wishes.

How often should I update my will?

Review it every three to five years as a baseline, and update it after any major life event – marriage, divorce, birth of a child, significant asset purchase, or the death of a beneficiary or executor.

Can I change my will after it's been signed?

Yes. You can add a codicil (a formal amendment, signed and witnessed the same way as the original will) or create an entirely new will that revokes the previous one. Never cross out or write over your existing will, alterations made after signing aren't valid unless properly executed.

What is testamentary capacity?

It means you understand the nature and effect of making a will, the extent of your estate, and who has a reasonable claim on it, and that you're acting freely. If capacity is genuinely in doubt (for example, due to dementia), a solicitor can arrange a capacity assessment before the will is signed.

How does a solicitor-drafted will differ from an online will?

An online service generates a document based on your answers to set questions. A solicitor asks follow-up questions, identifies issues the platform wouldn't flag, advises on superannuation, joint assets, tax implications, and family provision risks, and takes professional responsibility for the outcome. For most people with property or family complexity, the difference is significant.

A hand stamping an APPROVED mark on a document

GST on Commercial Property Purchases in Australia Explained

Written by Staff on August 12, 2026.

Unlike a home purchase, where GST rarely comes up, GST on commercial property can add 10% to your purchase price overnight. But it also might not apply at all, depending on how the deal is structured. Getting this wrong before you sign can mean paying tens of thousands of dollars you didn’t budget for, or missing out on a GST credit you were entitled to claim.

This guide walks through when GST on commercial property applies, the two main exemptions that catch most Victorian buyers by surprise, and how it flows through to your stamp duty bill.

Key Insights

GST generally applies at 10% to commercial property sales where the seller is registered (or required to be registered) for GST. This covers most vendors with turnover at or above $75,000.
Two common exemptions can make a sale GST-free: the going concern exemption (tenanted property sold as an operating business) and the margin scheme (GST calculated on the profit margin, not the full price).
Registered buyers can usually claim back the GST they pay as an input tax credit, but not if the property was bought GST-free under a going concern arrangement or under the margin scheme.
Stamp duty in Victoria is calculated on the GST-inclusive price, so a going concern exemption reduces both your GST and your stamp duty bill.

What Is the GST on Commercial Property?

GST on commercial property is the same 10% Goods and Services Tax that applies to most transactions in Australia, applied to the sale of an office, warehouse, retail shop, or other business premises. It was introduced in July 2000, and the rate hasn’t shifted since.

Whether commercial property GST applies to your purchase comes down to one question: is the seller carrying on an enterprise, and are they registered (or legally required to be registered) for GST? Under the Australian Taxation Office’s rules for commercial property, anyone selling, leasing, or renting commercial property as part of a business needs to consider their GST obligations, including how the sale is structured and what credits they can claim.

Registration itself is triggered by turnover. Under ATO registration rules, a business must register for GST once its turnover reaches $75,000 in a rolling 12-month period, and it has 21 days to do so once that threshold is crossed or expected to be crossed. Most commercial landlords and property investors selling an income-producing asset will already sit above this threshold, which is why GST on commercial property is the default assumption.

For a straightforward taxable sale with no exemption in play, the GST-inclusive price is what lands on your settlement statement. If a $1.5 million warehouse is sold as a fully taxable supply, you’re looking at $150,000 in GST on top, payable to the vendor at settlement (subject to the GST at settlement withholding rules that apply to certain transactions).

When Commercial Property GST Doesn’t Apply: The Going Concern Exemption

The most common way to avoid commercial property GST is through a specific, well-defined exemption called the sale of a going concern.

Under the ATO’s going concern provisions, a sale qualifies as GST-free when three things line up:

The property is tenanted, and the sale includes everything needed for the leasing enterprise to keep operating.
Both parties are registered (or required to be registered) for GST.
Buyer and seller agree in writing, before settlement, that the sale is a going concern.

A vacant shop sold on its own doesn’t qualify. Neither does a building where only some leases are transferred. But a fully tenanted office building, sold with its existing leases intact and both parties GST-registered, can be transferred without any GST changing hands.

However, if you buy under a going concern exemption and then use the property for something that isn’t a taxable or GST-free purpose (say, converting commercial premises into your own residential use), the ATO can require an “increasing adjustment,” effectively clawing back a portion of the GST you didn’t pay. This is calculated at 10% of the sale price multiplied by the proportion of non-creditable use, so it’s not a technicality to skip over during due diligence.

If you’re weighing up a tenanted commercial asset, our due diligence checklist walks through exactly what to verify before you commit, including whether a going concern position stacks up.

A person holding a pen and pointing to a contract agreement

The Margin Scheme: GST on the Profit, Not the Price

The second exemption Victorian buyers run into is the margin scheme. Instead of charging GST on the full sale price, an eligible seller calculates GST at 10% of the margin (broadly, the difference between the sale price and either the original purchase price or a valuation, depending on when the property was acquired).

The ATO’s margin scheme guidance sets out strict eligibility rules, and both parties need to agree in writing to use it before settlement. It’s commonly used where a property has changed hands several times and full taxable GST would otherwise apply to the entire current sale price, not just the value added since the original purchase.

If the seller uses the margin scheme, you cannot claim a GST credit on your purchase, even though you’re still registered for GST and using the property for a taxable purpose. That’s a direct hit to your cash flow, and it should shape your offer price.

Claiming GST Credits as a Buyer

If you’re purchasing commercial property GST-registered and intending to use the premises for a taxable purpose, you can generally claim the GST included in the purchase price back as an input tax credit.

According to the ATO, you may also be able to claim GST credits on related costs, such as the GST component of your solicitor’s fees.

There are three situations where this credit disappears:

The property was sold under the margin scheme. No credit, full stop, regardless of your own GST registration status.
The property was sold GST-free as a going concern. There’s no GST in the price to claim back in the first place, though you and the seller may still be able to claim credits on transaction-related expenses like legal fees.
You’re not registered, or the seller wasn’t registered or required to be registered, for GST. Either way, there’s nothing to claim.

Buyers coming from residential purchasing (where our first home buyer guide covers a completely different set of costs) are often caught off guard by how differently commercial transactions handle tax and timing.

How GST Affects Your Stamp Duty Bill

In Victoria, land transfer duty (commonly called stamp duty) is calculated on the property’s dutiable value. Generally, the higher of the contract price or market value, and where the contract requires the buyer to pay GST on top, that GST-inclusive figure is what the State Revenue Office treats as the dutiable value.

That means every dollar of GST you pay on a taxable commercial purchase also increases your stamp duty bill. On a $1.5 million purchase, adding $150,000 in GST doesn’t just cost you the GST itself; it pushes your dutiable value up to $1.65 million, and duty is calculated on that higher figure.

This is exactly why a going concern exemption is worth pursuing where it applies. It removes GST from the price and, as a flow-on effect, keeps your dutiable value (and therefore your stamp duty) lower too. It’s one of the clearest examples of how a well-structured commercial contract saves money on two fronts, not just one.

Get the GST Position Right Before You Sign

Commercial property GST decisions get made in the contract, not after settlement. Whether a deal qualifies for the going concern exemption, whether the margin scheme has been correctly applied, and what that means for your GST credits and your stamp duty are all things that need to be nailed down in writing before you commit.

At BT Legal, we operate as both commercial and residential property lawyers in Melbourne, and can review the GST clauses in every contract we work on, alongside the broader due diligence that protects your position. If you’re purchasing your first commercial property or reviewing a contract that’s light on GST detail, get in touch with our Melbourne conveyancer team before you sign.

This article provides general information only and does not constitute legal or tax advice. GST treatment depends on the specific facts of each transaction. Speak with a qualified conveyancer, solicitor, or tax adviser before relying on any of the above for your own purchase.