Wills · 6 November 2026
Can a Victorian firm collect will facts before the appointment?
Yes, as preparation. I couldn't find a rule that bans a questionnaire. The form does not take the instructions. You still see the client alone, work out who is actually instructing you, and make your own call on capacity and whether anyone is pushing them.
What the form is for
On a fixed-fee will, a lot of the time isn't advice. It's finding out how the house is owned, which super fund they're in, and who they want to leave things to, then typing that into the precedent. Those facts can come in before they sit down. The appointment is then for the bits only you can do.
That's the split in Firmbrief Wills. They answer at home and pay your fee. You review a first draft on your precedent. It isn't a will until you say it is.
What the form is not
The training material is pretty consistent. Take instructions from the will-maker, and take them alone, apart from narrow cases like straightforward mutual wills for spouses. A KL Gates seminar handout the LPLC hosts puts it that way: meet the person, check identity, assess capacity, and don't treat the relative in the room as the client.
The Victorian Law Reform Commission's succession report heard the same thing from the profession. Detailed instructions from the will-maker alone, a proper file note, and a question about earlier wills. That was a recommendation for guidelines, not a new offence. It's still the standard I'd want on a file.
Language
If their English is limited, don't use the child, or the person who inherits, as the interpreter. LPLC has seen undue influence and fraud where family or friends interpreted, and passing on what was said can put privilege at risk. Independent interpreter. Client alone.
A translated form can collect the facts in their language. You still read the English next to what they actually said, and you still have the appointment. English, Punjabi and Hindi are the ones live in Firmbrief. Anything else is a setup conversation. I won't promise a language I haven't built.
The longer note is can a family member interpret will instructions?
Signing is a different job
Collecting facts is not remote signing. Victoria has a permanent remote-witnessing path under section 8A of the Wills Act 1997: a special witness, and everyone in Victoria on the same day. That's how you witness. It isn't a reason to skip the appointment. The run-sheet is how to witness a will remotely in Victoria.
What I'd want the file to show
- The form says it's preparation, not the will.
- You saw the client alone. If someone wouldn't leave, you didn't take the instructions.
- You made the capacity and pressure call yourself. The form can flag a weird answer. It can't clear it.
- Limited English means an independent interpreter, not the beneficiary.
- Your own file note confirms the instructions before anyone signs.
Questions on this
Can a Victorian law firm send a will questionnaire before the appointment?
Yes, as preparation. I couldn't find a rule that bans collecting the facts first. You still confirm who is instructing you, see the client alone, and make your own call on capacity and pressure.
Does an online will form replace taking instructions?
No. The practitioner material says take instructions from the will-maker, in person and alone, apart from narrow cases such as straightforward mutual wills. A form does not do that.
Can a family member fill in the will form for the client?
Treat that as a warning. LPLC has seen undue influence and fraud where family or friends acted as interpreters, and says telling them what was said can put privilege at risk. See the client alone, with an independent interpreter if English is limited.
Sources: LPLC, When language is a barrier; LPLC seminar handout, Preparing a will (KL Gates, 2023); VLRC, Succession laws, witnessing and undue influence.