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.

Two people exchanging a pen to sign a contract, with the document visible on the table

Joint Tenants vs Tenants in Common in Victoria: Which Should You Choose?

Written by Staff on August 12, 2026.

Two people signing the same contract of sale can end up with completely different rights over the property they’ve just bought, without even realising it. The choice between joint tenants vs tenants in common decides who inherits your share if you die, how much land tax you pay each year, and whether your will controls what happens to your property.

It’s a small decision that’s made early in the settlement process, but the ramifications can be big. So, it’s important to know the difference between the two options and which is right for your situation.

Key Takeaways

Joint tenants own the whole property together, with right of survivorship. If one owner dies, the survivor automatically owns the whole property, regardless of what the will says.
Tenants in common each own a defined share (equal or unequal), and that share passes through their will or estate when they die.
Couples buying a family home usually choose joint tenancy for simplicity and automatic succession.
Siblings, friends, investors, and blended families often choose tenants in common for control over their individual share.
Tenants in common Victoria shares are assessed separately for land tax, which can work out cheaper than joint tenancy in some circumstances.
You can convert one to the other later (severing a joint tenancy), but it involves a formal lodgement with the land titles registry.

What Is Joint Tenants vs Tenants in Common in Victoria?

If you’re buying property with someone else in Victoria, you’ll be asked to register as either joint tenants or tenants in common. Land Use Victoria (formerly the Land Titles Office) treats these as two distinct forms of land tenure, and the difference goes far beyond paperwork.

Under joint tenancy, two or more people own the land together with a right of survivorship, meaning that when one owner dies, the property passes as a whole to the surviving owner or owners. No one owns a specific percentage of the property. Everyone owns the whole thing jointly. If you don’t specify which structure you want when you sign the transfer of land, Victorian title registration will default to joint proprietorship.

Tenants in common works differently. Two or more people own defined shares in the property, and those shares can be equal or unequal. A couple might split 50/50, or a parent contributing a bigger deposit might hold 70% while an adult child holds 30%. Each share can be sold, mortgaged, or left to someone in a will independently of the other owners.

The Right of Survivorship: Why It’s the Real Difference

With joint tenancy, the right of survivorship overrides your will entirely. Say a married couple buy their home as joint tenants. If one partner dies, the surviving partner automatically becomes the sole owner. There’s no probate needed for that property, and the will has no say in it, even if it states otherwise. The surviving owner simply lodges an application with Land Use Victoria, along with a death certificate, to update the title.

Now picture three siblings buying an investment property together as tenants in common, each holding a one-third share. If one sibling dies, their one-third share doesn’t automatically go to the other two siblings. It becomes part of their deceased estate and is distributed according to their will (or, if there’s no will, under Victoria’s intestacy rules). That could mean the deceased sibling’s share passes to their own spouse, children, or anyone else named in the will, not necessarily the co-owners they bought the property with.

This distinction is the entire reason the joint tenants vs tenants in common decision matters. Get it backwards, and a share of the family home could end up with someone you never intended.

A person handing over a set of keys to another person

When Joint Tenancy Usually Makes Sense

Joint tenancy tends to suit couples who see the property as a shared asset and want it to pass automatically to the surviving partner without complication. First home buyers purchasing together often default to this option because it’s simple, avoids probate on that asset, and matches how most couples think about a family home.

If you’re a Melbourne first-home buyer buying with a partner, joint tenancy is worth discussing with your conveyancer early, since it affects how the title is drawn up before settlement.

When Tenants in Common in Victoria Suits Your Situation Better

Tenants in common in Victoria is generally the better fit when the owners want control over their individual share rather than automatic succession to the other owners. This tends to include:

Investors and business partners who’ve contributed unequal amounts and want their share reflected on title, or who want the freedom to sell or refinance their portion independently.
Siblings or friends co-purchasing a property, who each want their share to go to their own family, not automatically to the other co-owners.
Blended families, where one partner wants their share to eventually pass to their own children from a previous relationship rather than a new spouse.
Parents helping adult children buy, where the parent’s contribution is recorded as a distinct, protected share.

If you’re transferring or restructuring ownership between relatives or transferring property to family, tenants in common shares are usually easier to document and adjust than joint tenancy.

Land Tax: The Financial Difference Most Buyers Miss

Ownership structure doesn’t just affect what happens when someone dies. It can also affect your annual land tax bill. This is one area where tenants in common in Victoria are treated noticeably differently from joint tenants.

The State Revenue Office (SRO) assesses jointly owned land in two stages, and how your share is calculated depends on how you hold title. Joint owners holding land as tenants in common own a particular share in the land, so each joint owner is assessed on that share, while joint owners holding land as joint tenants equally share in the land, meaning it’s divided by the number of joint tenants to establish each individual’s share.

This means tenants in common structures let each owner’s share be assessed on its own merits, which can matter if one owner already holds other taxable land individually. The SRO applies a joint ownership assessment first, then an individual assessment for each owner, including a deduction to avoid double taxation on the same land. Because the calculation runs separately for each owner’s actual share under a tenants in common structure, it can produce a different outcome than splitting a joint tenancy evenly, particularly where one co-owner has significant landholdings elsewhere, and the other doesn’t.

This is case-specific. If land tax minimisation is a factor in your decision, it’s worth running your numbers past your conveyancer or accountant before settlement, rather than assuming one structure is automatically cheaper.

How to Sever a Joint Tenancy in Victoria

If you’ve already purchased as joint tenants and want to switch to tenants in common (a process called severing the joint tenancy), it isn’t as simple as telling your bank or updating a spreadsheet. It requires a formal transfer lodged with Land Use Victoria.

The standard method is a Transfer of Land, which allows transfers between related parties, including transfers to sever a joint tenancy into equal tenancies in common. This transfer needs to be prepared correctly, signed, witnessed, and lodged through the land titles registry (either electronically or on paper), and a notice of acquisition generally needs to be provided to the SRO as part of the same process.

It’s also worth noting that severing a joint tenancy to tenants in common, or converting back, is treated as a dutiable transaction by the SRO in some circumstances, so it’s not always cost-free.

Align Your Will With Your Ownership Structure

Here’s a mistake we see more often than you’d expect: someone updates their will to leave their share of the family home to their children, not realising the property is still held as joint tenants with their spouse. Because the right of survivorship overrides the will for jointly held property, that instruction in the will simply won’t apply to that asset. The spouse inherits the whole property automatically regardless.

The reverse happens too. Owners register as tenants in common, assuming their share will “just go to” their co-owner, then never update their will, leaving the share to be distributed under default estate rules instead.

Whichever structure you choose, it’s worth reviewing your will (or making one, if you don’t have one) at the same time you settle on your ownership structure.

Getting Your Ownership Structure Right From the Start

Deciding between joint tenants vs tenants in common isn’t something to leave until the day of settlement. It affects your estate planning, your land tax position, and how easily you (or your family) can deal with the property later. Whether you’re buying your first home in Melbourne, purchasing an investment property with siblings, or working out how to structure a purchase with your partner, it pays to get advice before the transfer of land is signed.

At BT Legal, we help clients across Melbourne work through exactly this decision as part of the conveyancing process, reviewing contracts, preparing the correct transfer documentation, and handling property ownership transfers in Melbourne, including related-party transfers and survivorship applications. If you’re not sure which structure suits your situation, our team can talk you through the practical and financial implications before you sign.

Speak with a Melbourne conveyancer at BT Legal for tailored guidance on your purchase.

This article provides general information only and does not constitute legal advice. Every property purchase is different, and you should seek advice specific to your circumstances before deciding on an ownership structure.