An estate can be contested by family members in a number of ways.
As an executor, you may also have to deal with other claims against the estate:
Disputes can become very expensive very quickly. We can advise you on the strength of any claim and help you negotiate a settlement without going to Court. Should the dispute proceed to Court, our Wills and Estates team comprises of highly experienced litigation lawyers who are well equipped to handle any legal proceedings if they become necessary.
The important thing is to act quickly. Delays can hurt your case and result in higher costs. With our help, you can resolve your disputes as quickly as possible and move on with your life.
Being an executor or administrator of an estate can be difficult, complex and time-consuming. You are responsible for ensuring the estate is distributed in accordance with the law and that the deceased person’s Will is upheld.
Although you may not have asked for this responsibility, you may be held accountable for any losses. Therefore, it is crucial to seek professional legal advice in case a dispute emerges.
If you have been treated unfairly in a person’s Will, or are unhappy with the way an estate is being handled, you have legal rights that can protect you.
Wills & Estates law is complex and often has strict deadlines for making claims. If you want to get the best outcome, you must seek advice as soon as possible.
We understand that the cost of making a claim can be daunting. We will be up-front with you about the estimated costs to contest an estate following an assessment of whether we believe your claim will be successful.
There are two main types of claims that can be made:
If you aren’t satisfied with the distribution that you received from a loved one’s Will or estate, you may be able to contest the estate to receive a greater share.
In Victoria, the types of people who can bring a claim generally include:
You only have 6 months to bring a claim from the date a grant of probate or letters of administration is made in Victoria. In some cases, the court can extend this, but time is of the essence.
A Will is only valid when the person making it is of sound mind and free of undue influence. If a Will is made in questionable circumstances, it may be invalid and can be challenged.
Additionally, if the Will is believed to be fraudulent or a forgery, it can be challenged.
If you are mentioned in the Will, or are a family member, you are usually entitled to a copy of the Will following the deceased's passing.
If you believe a Will is invalid, you must act quickly to prevent the Will being probated in Court. We can assess your case and advise you on the claims you have and the best legal strategy. We may be able to resolve your claim without going to Court, which will save you time and money.
Fill out the form below or give us a call: +61 3 8600 6000