Defending an estate

Trust us: being an executor or administrator of an estate is difficult, complex and time-consuming. You are responsible for ensuring that 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 can be held responsible for any loss that is caused. That’s why you need the best legal advice as soon as a dispute arises.

Contact us now for advice on defending a claim against an estate.

Types of claims

An estate can be contested by family members in a number of ways.

  • Family provision claims.
    A family member who has financial need and believes they haven’t received a fair distribution may be able to contest the estate to obtain a greater share.
  • Invalidity.
    If the will-maker was not of sound mind, or was pressured or influenced into making their will, the will can be challenged.
  • Fraud.
    If the will is believed to be fraudulent or a forgery, it can be challenged.

As an executor, you may also have to deal with other claims against the estate:

  • Creditors can sue the estate if they are owed money by the deceased.
  • Executors and administrators can be sued for failing to administer the estate properly or within a reasonable time.
  • Superannuation benefits can be disputed.

What you need to do if an estate is challenged

You should:

  • Avoid making any distributions of the estate;
  • Be responsive; and
  • Get specialist legal advice immediately.

Disputes can become very expensive very quickly. We can advise you on the strength of any claim, and help you negotiate a settlement without the need to go to court.

If it becomes necessary to go to court, our team has some of the most experienced wills & estates litigation lawyers in Victoria.

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.

Contact us today on 03 8600 6080.

Estates Litigation 2021