Contesting an estate

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 and estates law is complex and often has strict deadlines for making claims. If you want to get the best outcome, it is important that you get the best advice as soon as possible.

Contact us now for advice on making a claim.

Legal costs

We understand that the cost of making a claim can be daunting. We will be up-front with you about what the costs may be based on our experience.

Once we have met with you to assess your claim we will let you decide what works best for you in terms of the billing arrangements.

Types of claims

There are two main types of claims that can be made.

Family provision claims

If you aren’t satisfied with the distribution that you receive from a loved one’s will or estate, you may be able to contest the estate to receive a fair share.

In Victoria, the types of people who can bring a claim generally include:

  • Wives, husbands and de facto partners;
  • Children, stepchildren and grandchildren;
  • People who shared a household with the deceased.

You only have 6 months to bring a claim from the date that a grant of probate or letters of administration is made in Victoria. In some cases this can be extended by the court, but time is of the essence.

If you want to bring a claim, contact us today to arrange an appointment.

Validity of the will

A will is only valid when the person making it is of sound mind, and free of outside 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.

If you believe a will is invalid, you must act quickly to prevent the will being filed in court and granted probate.

Contact us for a free case assessment.

We can assess your case and quickly advise you on the claims you have and the best legal strategy.

By acting quickly, we may be able to resolve your claim without going to court, which will save you time and money.

If legal action becomes necessary, our expert lawyers can guide you through every step of your claim.

Click here for a brochure on how a ‘family provision claim’ in Victoria typically runs.

If you think you have a claim, contact us today for an appointment on 03 8600 6080.

Estates Litigation 2021