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.