Disputing a Will

We’re not bulldogs. Will disputes are already painful enough without a lawyer who treats them as a battlefield. Our approach is to resolve matters with sensitivity, fairness, and a genuine focus on reaching a resolution — ideally without ever setting foot in a courtroom.

 

Grounds for disputing a Will in Victoria

Not every disagreement about a Will is a legal dispute, but some concerns do have solid legal standing. Common grounds include:

Lack of testamentary capacity — the person making the Will did not have the mental capacity to understand what they were doing at the time it was made.

Undue influence — the Will does not truly reflect the person’s wishes because they were pressured or manipulated by someone close to them.

Improper execution — the Will was not signed or witnessed in accordance with legal requirements, making it potentially invalid.

Family provision claims — an eligible person (such as a spouse, child, or dependant) was left without adequate provision from the estate. In Victoria, these claims are made under the Administration and Probate Act 1958 and must generally be filed within six months of the Grant of Probate — so if this applies to you, timing matters.

 

Are you an executor?

If you’re an executor defending the estate against a claim, your legal duties can quickly become complicated. You’re required to act in the interests of all beneficiaries while also responding to legal challenges — sometimes from people with legitimate grievances, sometimes not. We’ll help you understand your obligations, assess the merits of any claim, and navigate toward resolution without unnecessary cost or conflict.

 

Are you a beneficiary or an eligible claimant?

If you believe you’ve been unfairly excluded or inadequately provided for, we’ll give you an honest assessment of whether you have a viable claim before you commit to anything. We understand this is personal — often involving family relationships that extend well beyond the legal dispute — and we’ll handle your matter accordingly.

 

How we resolve disputes

Our strong preference is mediation, negotiation, and collaborative discussion. Litigation is expensive, slow, and tends to entrench conflict at exactly the moment families most need to move forward. In our experience, most disputes can be resolved through skilled negotiation — and a resolution reached around a table is almost always better than one imposed by a court.

 

That said, if litigation is unavoidable, we’re prepared to represent you with clear-eyed, strategic advocacy.

 

Whatever your situation, the best first step is a conversation. Book a free 15-minute discovery call and we’ll help you understand where you stand.

Whether you are defending an estate as an executor, or seeking to challenge a Will as a beneficiary, Respect Wills & Estates can provide the support, guidance, and legal expertise you need.