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Will & Estate Disputes

Protecting rights with care

Clear direction when stakes are high

Family disputes over wills and estates needs careful and considered handling, especially when emotions are high. Whether you're considering making a claim, defending one, or protecting vulnerable family members, we focus on finding solutions that preserve relationships for fair and cost effective outcomes.

We believe in resolving disputes efficiently through mediation and negotiation, whilst being prepared to advocate strongly when needed. Our dispute expertise also includes protecting elderly family members from financial exploitation and misuse of powers of attorney.

We’re here to help you find a path forward that protects both your relationships and your rights.

When emotions are high, you need clarity & a clear direction forward.

Find the focus you need to make informed and fair decisions.

Our Expertise

Will Challenges & Claims

  • Contesting a Will (family provision claims)

  • Defending a challenge to a Will

  • Lodging probate caveats

  • Challenging the validity of a Will (contested probate proceedings)

  • Will interpretation disputes  

Elder Law & VCAT

  • Advice in relation to attorney’s rights & obligations;

  • VCAT matters, including:

    • administration & guardianship applications

    • breaches of attorney’s obligations

    • power of attorney disputes

    • recovery of misappropriated funds

  • Issues regarding capacity, unconscionable conduct & undue influence

Estate Administration Disputes

  • Disputes between executors

  • Breaches of executor’s obligations

  • Revocation of a grant

  • Removal of an executor

  • Advice in relation to beneficiary rights

  • Disputes involving beneficiaries

  • Deeds of family arrangement

Disputer Resolution & Litigation

  • Settlement negotiations

  • Mediation

  • Deeds of family arrangement

  • Court proceedings and representation

Frequently 

Asked Questions

  • If a person wishes to dispute the validity of a will (for example, due to lack of testamentary capacity, undue influence, fraud, forgery, or invalid execution), they must have standing to apply (i.e. an interest in the deceased estate).

  • In Victoria, for a person to contest a will on the basis they believe they have been left without adequate provision from the estate, they must be an ‘eligible person’ pursuant to section 90 of the Administration and Probate Act 1958. This includes a spouse, domestic partner, children, and stepchildren. There are also other persons who may potentially be eligible depending on the specific circumstances (such as persons who for a substantial period believed the deceased was their parent, grandchild, former spouse, domestic partner, carer, or member of the deceased’s household).   

    To be successful in contesting a will, an eligible person will also need to establish that the deceased person had a moral obligation to provide for them and that the provision they are receiving under the will (if any) is not adequate for their proper maintenance and support.

  • Elder financial abuse is where someone has improperly taken or misused the funds or property belonging to a vulnerable older person, who as a result suffers a financial loss. Given the aging population in Australia, unfortunately such harm is becoming more common and is often carried out by people known to the older person (such as next of kin or enduring attorneys nominated by them). In such circumstances, timely legal assistance and advice may result in protection of and to the extent possible, recovery of such loss.  

  • We believe that, before any court proceedings are issued, the parties should use genuine attempts to resolve disputes through negotiations and where appropriate, mediation. This can result in lower legal costs and significantly less emotional burden and stress for the parties. However, in some cases litigation becomes necessary, in which case it's important to ensure lawyers with appropriate expertise are engaged who can provide quality advice and assistance in a timely manner and manage the litigation to ensure the costs are reasonable and proportionate to the issues in dispute. Despite court proceedings being issued, the parties can still (and are encouraged to) settle the dispute through negotiations, where appropriate.    

Ready to protect your future?