Contesting a Will & Estate Disputes Lawyers Melbourne
Contesting a Will & Estate Disputes
Disputes following the death of a loved one can be complex and emotionally difficult. Where there are concerns about a will, the distribution of an estate, or the conduct of an executor, obtaining timely legal advice can help you understand your rights and the options available to you.
At Alpine Legal, we provide practical and strategic legal advice in relation to will disputes, family provision claims and deceased estate disputes. We assist beneficiaries, executors and other eligible parties to understand their position and work towards a fair and practical resolution.
Can a Will Be Contested?
There are several circumstances in which a will or deceased estate may be challenged.
A dispute may arise where:
A person believes they have not received adequate provision from an estate
There are concerns about the validity of a will
There are questions about the deceased's testamentary capacity
There are concerns that the will was made under undue influence or pressure
There are questions about whether the will was properly executed
An earlier or later will has been discovered
There is uncertainty about how a provision in a will should be interpreted
There is a dispute about how an executor is administering the estate
The appropriate legal process will depend on the circumstances. Not every estate dispute involves challenging the validity of the will itself.
Family Provision Claims
A family provision claim may be available to an eligible person who believes that the deceased failed to make adequate provision for their proper maintenance and support.
Eligibility depends on the person's relationship with the deceased and their individual circumstances. The Court considers a range of factors when determining a claim, including the relationship between the applicant and deceased, the applicant's financial circumstances, the size and nature of the estate, the needs of other beneficiaries and the deceased's obligations and intentions.
Family provision claims are subject to strict time limits. In Victoria, an application generally needs to be made within six months of the grant of probate or letters of administration, subject to the Court's powers in relation to an extension of time.
If you believe you may have a claim against an estate, it is important to obtain legal advice as soon as possible.
Disputes Between Beneficiaries and Executors
Estate disputes can also arise between beneficiaries and executors or administrators.
Examples include:
Concerns about delays in administering an estate
Disagreements about the interpretation of a will
Concerns about the treatment or sale of estate assets
Disputes about estate expenses
Requests for information or estate accounts
Concerns about distributions
Disputes concerning the conduct of an executor or administrator
Disagreements between beneficiaries about how an estate should be dealt with
We can advise you on your rights and the appropriate steps to resolve the dispute.
Deeds of Family Arrangement
Not every estate dispute needs to be determined by a Court.
Where family members or beneficiaries are able to reach an agreement about how an estate should be dealt with, a Deed of Family Arrangement may provide a practical way to formally record that agreement.
A Deed of Family Arrangement can be used in appropriate circumstances to document an agreed variation or resolution between interested parties and provide greater certainty about the administration and distribution of an estate.
We can advise you about whether a Deed of Family Arrangement may be appropriate and assist with preparing or reviewing the document.
Challenging the Validity of a Will
A dispute may concern the validity of the will itself rather than the amount a beneficiary receives.
Depending on the circumstances, issues may include:
Whether the deceased had testamentary capacity
Whether the will was properly executed
Whether the deceased understood the contents of the will
Whether the deceased was subject to undue influence
Whether the will reflects the deceased's genuine intentions
Whether there is a later or competing will
These matters can be factually and legally complex. We can advise you about the available options and the evidence that may be relevant to your position.
How Alpine Legal Can Help
Our estate dispute services include:
Advising beneficiaries about potential estate claims
Advising executors and administrators about their obligations
Advising on family provision claims
Advising on challenges to the validity of a will
Advising on disputes concerning the interpretation of a will
Negotiating with executors, administrators and other beneficiaries
Preparing and reviewing Deeds of Family Arrangement
Assisting with estate-related correspondence and negotiations
Advising on potential Court proceedings
Assisting with the resolution of disputes before they escalate
Where appropriate, we focus on achieving a negotiated and practical resolution rather than unnecessary litigation.
Helping Clients Across Mont Albert, Balwyn, Doncaster, Surrey Hills, and Surrounding Areas
Alpine Legal is based in Mont Albert and proudly assists clients in Balwyn, Doncaster, Kew, Mont Albert North, Camberwell, Templestowe, and Surrey Hills. Whether you need guidance in applying for probate or administering an estate, our compassionate team is here to help you every step of the way.