Melbourne Contested Probate Solicitors - Disputed Will Lawyers VIC

LAWYER HELPLINE: 1800 455 886

Most residents of Victoria will leave assets at the time of their death. How those assets are distributed depends on whether or not there is a valid will. If there is no will Australian legislation determines the distribution of assets based on the intestacy rules which are written into law. Our Melbourne contested probate solicitors deal with disputed probate and wills.

Our Melbourne contested probate solicitors specialise in will dispute matters. If you believe you have been unfairly provided for in a will or you wish to dispute how the estate is being administered, you may be able to lodge a claim for a will dispute.

We can help you take legal action if :-

  • you have been left out of a will
  • you believe you haven't been left adequate inheritance
  • are dealing with another person who is challenging a will to which you are a beneficiary and you are concerned about that person taking too much from the estate
  • you believe that the will maker (testator) was of unsound mind when they made the will
  • the testator was coerced or unduly influenced by a beneficiary at the time of making the will
  • a person has died without a will and you wish to make a claim for inheritance
  • the executor is incorrectly administering the estate or delaying administering the estate without adequate reason

If you have any questions on how to dispute a will in Victoria, complete the contact form or call our free helpline. Our Melbourne legal team will provide you with obligation-free legal advice on how to enforce your legal rights and protect your entitlements in a will dispute claim.

Executors & Administrators

In the case of a grant of probate the court appoints an executor named in the will to deal with the estate. It there is no will the court will appoint an administrator, who is usually a potential beneficiary under the intestacy rules, to deal with the estate. Our Melbourne contested probate solicitors take instructions in disputed matters to represent beneficiaries, executors and administrators who wish to challenge a will or contest probate.

Personal Liability

The appointment as executor or administrator may carry onerous responsibilities which ensure that the appointed person remains personally liable to the beneficiaries in the event of any negligent actions. Except in the case of very small estates it is advisable to instruct a probate solicitor to deal with matters thereby removing the risk of personal liability.

Executors Duties

The duty of both administrator and executor in winding up an estate are almost identical. Both must identify, protect and value assets prior to liquidation and payment of estate debts followed by ultimate distribution to the beneficiaries either in accordance with the will or the intestacy rules. In the event of dispute our Melbourne probate solicitors will represent beneficiaries, executors and administrators who wish to challenge a will or contest probate.

Valid Will

Our Melbourne contested probate solicitors act on behalf of potential beneficiaries to challenge a will or contest probate and in addition deal with applications by dependents for financial support. The most successful solicitors challenges relate to the validity of the will with execution of the will coming under scrutiny. To be valid a will must :-

  • be made by a person with mental capacity
  • be executed in accordance with legislation
  • be fully understood by the testator who must not be subject to undue influence

Inheritance Disputes

Family tensions can affect the testator’s intentions, for example, rivalries between siblings; difficulties between parents and their children etc. Divorce and remarriage often present difficult and complex decisions regarding family bequests. Some parents disregard their children in favour of new partners and children resulting in conflict over their assets.

If the testator has died and you are faced with difficulties regarding an inheritance claim or inheritance dispute, you should seek legal advice as soon as possible. There are fixed time limits for making inheritance dispute claims, so do not delay in seeking legal advice.

Persons who may be eligible to dispute a will include a spouse or former spouse, de facto partner, same sex partner, child, grandchild, dependants (wholly or in part), and any other person who was living in a close personal relationship with the deceased. Such persons can contest a will if they believe that inadequate provision was made for their maintenance, education or advancement in life (also known as a 'family provision claim').

Our Melbourne legal team specialises in Victoria will disputes. If you would like legal advice without obligation, call our helpline or fill-in the online contact form. Do not delay in seeking legal advice as time limits apply.

Victoria Estate litigation

Our service applies to will disputes only. We do not provide a will drafting service, nor do we provide a probate application service. We are solely focussed on conflict resolution and estate litigation after the will maker has died- this is a complex specialist area of law and our solicitors are highly experienced in resolving such disputes in a professional and timely manner.

Where possible, will disputes are resolved through a settlement agreement. If a will dispute cannot be resolved out of court, legal action may be necessary in the Supreme Court of Victoria. If successful, and depending upon the size of the estate, most of the applicant's legal costs are generally paid from the deceased’s estate. Most will dispute matters are handled on a "No Win No Fee" basis.

We handle will dispute matters throughout Victoria, our legal team can provide you with prompt advice and legal representation should you choose to take legal action.

Melbourne Contested Probate Solicitors

If you would like to speak to one of our experienced Melbourne contested probate solicitors just use the free helpline or email our solicitors offices. Our lawyers offer free advice without further obligation.

The Supreme Court of Victoria makes orders in relation to the validity of a will of a deceased person, the appointment of an Executor or an Administrator and the administration of deceased estates. Matters relating to disputes are also dealt with by the Supreme Court of Victoria

Probate forms can be obtained online :-

The probate office for Victoria is situated at:-

    Probate Office
    Supreme Court of Victoria
    Level 2
    436 Lonsdale Street
    VIC 3000

    Postal Address:
    Probate Office
    Supreme Court of Victoria
    210 William Street
    VIC 3000

All births, marriages and deaths in Victoria are on record at :-

    Victoria Registry of Births Marriages & Deaths
    595 Collins St
    VIC 3000

HELPLINE: 1800 455 886