Testator Family Maintenance Claims
The most common claim made against an Estate is a Testator Family Maintenance claim. This involves someone arguing that they were not adequately provided for either by the deceased’s Will or under the intestacy provisions. These claims are typically made by:
- the partner of the deceased (including a spouse or de facto partner);
- a child of the deceased (including biological and adopted children);
- a stepchild of the deceased; and
- other dependents.
Testator Family Maintenance claims are also known as ‘Contesting a Will’, ‘Part IV claims’, or ‘Family Provision claims’.
Invalidity Claims
A claim can also be made that the relevant Will is invalid. Invalidity can be argued for several reasons, including:
- lack of necessary mental capacity;
- duress or undue influence;
- revocation of the Will prior to death; and
- failure to properly execute the Will.
Other Estate Disputes
Other matters we can assist with, include :
- delay in obtaining a grant of probate or letters of administration;
- removing an executor if the executor is acting in breach of his/her duties (such as refusing to provide information, refusing to distribute the Estate, wasting assets or acting with conflict or bias);
- seeking an accounting of the Estate’s administration;
- providing advice about the interpretation and construction of the Will; and
- advising executors/administrators as to their duties or the administration of the Estate including making an application for judicial advice.
A Guide to Challenging a Will and Utilising the Services of Will & Estate Dispute Lawyers
Disputes involving wills, inheritances, and estates can be very upsetting if they involve close friends and family. Our dedicated contested wills and probate lawyers are trained to provide sensitive and confidential advice and representation to help you reach a satisfactory resolution. Read More
You might need to employ the services of a lawyer if you’re:
- A beneficiary on the deceased’s will, and you have reason to believe that they weren’t mentally capable of making decisions for themselves before they passed away. You may also be disappointed with the value of the assets gifted to you in the will. If you were expecting to be included in the will and you’ve been left out, you may also pursue a case with the intention of reaching a settlement.
- Nominated to sort out the affairs of the testator after they’ve died.
- A trustee or you were in a business partnership with the deceased.
At Velocity Legal, our estate litigation lawyers can help to clarify your rights and develop a course of action in line with current legal rules and regulations. Whether you believe that you’ve been unfairly given little to no assets, or you have any concerns regarding the mental capacity of the deceased, there are some things you need to consider when challenging a will.
- You should be aware of the financial implications if your challenge is unsuccessful. Our will dispute lawyers can advise you on your chances of success and explain the options that are available to you.
- Assess the impact your decision to contest the will could have on your relationships with your family and friends.
- Be prepared for unexpected factors to change the course of the case and to influence the judge’s ruling.
Is There a Time Limit to Challenge the Will in Melbourne?
Any eligible persons who wish to contest a will in the state of Victoria have 6 months from the date of a Grant of Probate or Letters of Administration. If you submit your case outside of this time frame, you’ll need to convince the Supreme Court that your late claim wasn’t a deliberate attempt to sabotage the wills & estate and won’t have a negative effect on any beneficiaries. The court will then decide whether to accept or deny the claim. You may have reasonable grounds if you were unaware that the testator had died.
What Constitutes a Win or a Loss?
If the outcome of the challenging of the will results in your receipt of a larger share of your inheritance, this means that your claim has been successful.
If the court assesses the evidence and the judge upholds the relevant will, then they will most likely reject your claim. Our estate dispute lawyers will be able to support you in ensuring that the evidence you submit to back up your claim is as strong as possible to ensure the best possible result for you.
Contact us today for an initial consultation to get more information. Read Less
Our usual approach is to:
- provide you with a clear and transparent fee quote;
- discuss your requirements, goals and desired outcomes; and
- tailor a solution with your specific circumstances in mind.
Our team is led by Jennifer Maher (Director) who has been consistently recognised as one of the best estate litigation lawyers in Victoria. Jennifer’s impressive credentials include being:
- listed in Doyle’s Guide as a Leading Estates Litigation Lawyer in Victoria for seven consecutive years (2015 until 2022);
- listed in Doyle’s Guide as a Recommended Wills & Estates Litigation Lawyer in Australia for two consecutive years (2020 – 2022);
- an Accredited Specialist in Wills and Estates Law with the Law Institute of Victoria;
- a member of the Law Institute of Victoria’s Succession Law Executive Committee;
- a member of the Society of Trust and Estate Practitioners; and
- a member of the Charity Advisory Committee for the Fundraising Institute of Australia.
