Estates Disputes
Unfairly left out of a Will, or defending an Estate against a claim? We provide strategic representation to protect your rights and resolve family inheritance disputes with minimal stress.
How We Can Help Resolve Your Estate Dispute
I Want to Challenge or Contest a Will
We assess your eligibility under Victorian law, build a compelling claim for fair provision, and negotiate fiercely to secure the inheritance you deserve.
I Am an Executor Defending an Estate
We shield you from personal liability, defend the Estate against unmeritorious or exaggerated claims, and guide you through mediation to uphold the deceased’s true final wishes.
Common Grounds for Estate Disputes in melbourne
Estate litigation requires valid legal grounds under Victorian law (Administration and Probate Act 1958). We represent clients across four primary dispute scenarios:
Testator’s Family Maintenance Claims
You were left out or given inadequate provision, and the deceased had a moral duty to provide for your ongoing maintenance and support.
Lack of Testamentary Capacity
Proving the deceased lacked the mental capacity (e.g., due to advanced dementia or illness) to understand the Will when signing it.
Undue Influence & Coercion
Investigating instances where the deceased was manipulated, pressured, or forced to alter their Will against their true intent.
Executor Misconduct & Removal
Protecting beneficiaries when an Executor breaches their fiduciary duties, mismanages assets, or unreasonably delays distribution
Our Dispute Resolution Process
Initial Assessment
We evaluate your position, relationship, and evidence to give you transparent, realistic legal advice.
Formal Negotiation
We issue clear legal correspondence to set out the claim or defense and open productive dialogue.
Structured Mediation
We represent you in a confidential mediation session led by an independent mediator to reach a binding agreement.
Supreme Court Representation
If a fair settlement cannot be reached outside of court, we represent your interests in litigation.
Why Our Clients Recommend Our Personal Approach
I am glad I came across this wonderful firm and was happy to drive from the other side of Melbourne to see them, it was worth it! Wishing them all the best for the future.
It’s not the easiest when making a Will but the empathy, with factual information and support from Nadya, made it really easy and seamless for me. Thank you!
She was really thorough and her communication was excellent. We really appreciate it.
I truly appreciate their professionalism, expertise, and compassion every step of the way, and I always felt supported. Thank you for everything you have done.
Thank you both for making this process so seamless and easy to understand. You both are the best!
Your life’s work deserves a secure future.
From protecting your assets and loved ones to navigating the complexities of inheritance, our Wills & Estates specialists provide thoughtful advice across all stages of your Estate journey.
Frequently Asked Questions
If you have been unfairly left out of a Will, or you believe you have not been adequately provided for, you may be entitled to make a family provision claim against the estate.
In Victoria, eligible people, such as spouses, domestic partners, children, stepchildren and, in some circumstances, other dependants or members of the deceased's household, may apply to the Court for a larger share of the estate. The Court considers a range of factors, including your financial circumstances, your relationship with the deceased, the size of the estate and the needs of the other beneficiaries.
Strict time limits apply to family provision claims, so it is important to obtain legal advice as soon as possible. An experienced estate litigation lawyer can assess your eligibility, explain your options and guide you through the process.
Under Victorian law (Administration and Probate Act 1958), eligible persons who can make a Family Provision claim include surviving spouses or domestic partners, children (including step-children and adopted children), former spouses with unresolved property settlements, and dependants who relied financially on the deceased.
Yes. Step-children and estranged biological children are eligible persons under Victorian law. While past estrangement is considered by the Court, it does not automatically disqualify your claim—especially if there was financial need or complex family reasons behind the estrangement.
Yes. Even if the Will or an attached statement explains why you were excluded or left a small share, Victorian Courts assess whether the deceased had a moral duty to provide for your proper maintenance and financial support, regardless of what the letter states.
Yes. A Will can be challenged if there are genuine concerns that the deceased did not have the required testamentary capacity when they made or amended their Will.
To make a valid Will, a person must understand the nature and effect of the Will, the extent of their assets, the people who may have a claim on their estate, and how their Will distributes their estate. A diagnosis of dementia or another medical condition does not automatically mean a person lacked testamentary capacity. Each case depends on the evidence available, including medical records, witness statements and the circumstances surrounding the preparation and signing of the Will.
If a challenge is successful, the Court may declare the Will invalid. Depending on the circumstances, an earlier valid Will may apply, or the estate may be administered in accordance with the laws of intestacy.
In Victoria, you generally have strictly 6 months from the date the Supreme Court of Victoria issues the Grant of Probate to file a formal claim. Delaying action beyond this 6-month window can result in the estate assets being fully distributed, making recovery significantly harder or impossible.
In most genuine family provision claims, legal costs are negotiated to be paid directly out of the deceased estate's assets upon settlement.
However, to prevent frivolous claims, Courts can award adverse cost orders against unsuccessful parties, which is why an honest initial case assessment with our Melbourne team is essential.
No. In fact, over 90% of Will disputes and inheritance claims in Melbourne are successfully settled out of court through structured negotiations or Court-mandated mediation. This saves all parties significant time, court fees, and emotional stress.
Most Melbourne Estate disputes resolved through mediation take between 6 to 12 months from start to finish. If a dispute cannot be settled through mediation and proceeds to a full Supreme Court trial, it can take 12 to 18+ months depending on Court listing availability.
There is no fixed percentage or magic formula under Victorian law. Courts determine a "fair share" by assessing your financial need, your relationship with the deceased, the size of the estate, and whether the deceased had a moral duty to provide for your ongoing maintenance and support.
During your initial assessment, our Melbourne team reviews these factors to give you a realistic estimate of what you can expect.