Lizia Lim is an Accredited Specialist in Wills & Estates and a Doyles Guide ‘Recommended Lawyer’ in both Wills & Estates (estate planning) and Estate Litigation.
Her advice covers primarily Victorian laws, but she has experience running litigation in New South Wales, Queensland and Western Australia as well.
Claims for further provision from estates pursuant to Part IV of the Administration and Probate Act 1958, for example:
Claims by adult children who have been left out of their parent’s Will;
Claims by stepchildren who have been left out of their stepparent’s Will;
Claims by spouses or de facto partners for greater provision from their deceased spouse’s estate
Challenges to Will validity, including on the grounds of lack of testamentary capacity and undue influence;
Applications to remove executors;
Applications to force inactive executors to prove a Will or renounce Probate;
Providing independent advice and representation to executors who are in dispute with their co-executors;
Making claims for superannuation death benefits and representing parties in the Superannuation Complaints Tribunal;
Applications for executor's commission;
Applications to recover money/assets misappropriated from an estate or a person with a disability by an attorney or a relative;
Applications to recover land transferred by a deceased person during their lifetime where the deceased lacked capacity to make the transfer or were unduly influenced.
Recent reported cases:
Re Rattle  VSC 249 – Acting for Equity Trustees in an application for Probate of a Will which was signed with only one attesting witness
Re Rattle (No 2); Equity Trustees Ltd v Halstead  VSC 700 – Acting for Equity Trustees in relation to an application regarding the construction of a Will in circumstances where the sole beneficiary of the Will murdered the deceased and the forfeiture rule was applied
Sisson v Wharton & Young  VCC 436 – Representing two adult daughters in a successful Part IV claim for provision from the estate of their late mother
Hall v Hall & Ors  VSC 692 – acting for an independent administrator in relation to a family dispute involving two deceased estates, four family trusts and five family companies, in which a scheme of family arrangement was able to be obtained, equalising the benefits received by the deceased’s three sons
Re Hancock; Rennie v The Whippet Association of Victoria Inc  VSC 496 – successfully defending an application for Probate of a completed solicitor’s Will instruction form signed by the deceased
Ligeti v Ligeti  VSC 448 – successfully defending a Part IV claim for provision by an adult daughter from her father’s estate
Preparing Wills and Enduring Powers of Attorney (Financial, Medical and Personal);
Providing estate planning advice and bespoke solutions, including in large complex estates;
Advising in respect of difficult family situations, including blended families, second marriages, disabled beneficiaries, beneficiaries with bankruptcy/family law issues and estranged relatives;
Preparing loan agreements to beneficiaries;
Advising in relation to minimising risk of future claims against the estate.
Probate and Estate Administration
Acting for executors/administrators in applying for Grants of Representation, including complex applications in relation to informal Wills, unsigned Wills, missing Wills, and copy Wills;
Obtaining Victorian reseals of foreign/interstate Grants of Probate;
Attending to all aspects of estate administration, including collecting, realising and distributing estate assets, and advice regarding executor’s duties/obligations;
Preparing Deeds of Family Arrangement to vary distribution of the estate by consent;
Advice in relation to life interests and settled land;
Advice in relation to insolvent estates;
Regularly appearing in VCAT in relation to disputes regarding the financial and personal affairs of a living person who has lost capacity, such as disputes over powers of attorney, financial administration and accommodation/care of the person.
Part IV claims by family members who have inadequately provided for in a Will
Complex Probate applications where an original Will is missing or has not been executed in accordance with the legal requirements
Claims against attorneys who have misappropriated assets from the principal
Setting aside a Will or transfer of land on the basis of lack of capacity or undue influence