Wills & Estates
Feeling a Will is Unfair or Invalid?
Disputes over a Will are incredibly stressful. Whether you’ve been left out, feel the Will is unfair, or you’re an executor needing to defend the estate, the situation is difficult and emotional.
Irvine Lawyers provides a clear, practical path forward. We help you understand your rights and find a resolution.
Who Can Contest A Will?
Eligible people in Victoria can bring a family provision claim if they were not adequately provided for. This includes spouses, domestic partners, children (including adopted or step-children), certain grandchildren, registered caring partners, and people treated as a child of the deceased.
Claims must usually start within six months of the Grant of Probate. Courts consider relationships, moral obligations, estate size, financial needs, health, and impacts on other beneficiaries. Evidence often includes medical/financial records, prior Wills, proof of dependency, and communications reflecting the deceased’s intentions.
Grounds To Challenge The Validity Of A Will
- Lack of Testamentary Capacity: The will-maker did not understand their assets or the Will.
- Undue Influence or Pressure: Free will of the will-maker was overborne.
- Lack of Knowledge and Approval: The will-maker did not approve the contents.
- Improper Execution: Signing and witnessing requirements under Victorian law were not met.
- Fraud or Forgery: Will or parts of it are falsified.
- Informal Documents: In rare cases, non-formal documents may be accepted if they clearly reflect intentions.
Why Choose Irvine Lawyers for Will Disputes
- Clear, Honest Advice: Practical assessment of case, success likelihood, and potential costs.
- Focus on Resolution: Mediation first; litigation only if necessary.
- Victorian Court Experience: Representation in County or Supreme Court if required.
- Compassionate Approach: Sensitive handling of complex family dynamics.
- Clear Cost Structure: Transparent estimates and flexible fee options.
Will Disputes: What Our Service Covers
- Family Provision Claims (Contesting a Will): For eligible people who feel inadequately provided for, we guide family provision claims to seek a fair share of the estate.
- Challenging the Will’s Validity (Invalid Will): Claims that a Will is not legal or genuine. Grounds include lack of testamentary capacity, undue influence, fraud/forgery, and invalid execution.
How It Works: Our Resolution Process
- Free Initial Consult: 30-minute confidential chat to discuss options.
- Case Assessment: Review the Will, relationship, and estate to give honest legal opinion.
- Negotiation & Mediation: Attempt resolution out of court through mediation.
- Commencing Legal Action: Advise on starting court proceedings if needed.
- Resolution: Guidance through settlement or court judgment to achieve a fair outcome.
Pricing & Transparency
Costs vary. We provide clear estimates for each stage, offer fixed fee arrangements where possible, and discuss options during your free consultation.
Common Situations We Handle
- Making family provision claims in Victoria.
- Challenging a Will due to lack of capacity or undue influence.
- Executor disputes regarding estate management.
- Suing an estate for unpaid debts or promises.
- Defending an estate as executor or beneficiary.
- Questions about contesting a Will and strict time limits.
Meet Our Team
Our Will Dispute team is compassionate yet strong. Skilled negotiators and advocates, we aim to resolve conflicts efficiently while protecting your rights.
Service Areas & Contact
From Warrnambool and South Morang, we handle Will disputes across greater Melbourne and regional Victoria. Strict time limits apply, so contact us promptly.
Call us on (03) 9422 5439 for South Morang or (03) 5562 9196 for Warrnambool, or book your free 30-minute case assessment online.
FAQs: Will Disputes
How long do I have to contest a Will in Victoria?
Notify the executor within 6 months of the Grant of Probate. Seek advice immediately due to strict time limits.
Who can contest a Will in Victoria?
Eligible persons include spouses/domestic partners, children (including step/adopted), and sometimes grandchildren or registered caring partners who were financially dependent.
Do all Will disputes go to court?
No. Most are settled through negotiation or mediation, which is confidential and out-of-court.
What is ‘undue influence’?
When a person was pressured or coerced to sign a Will, making it not reflect their true wishes. Strong evidence is required.
What is an executor’s role in a dispute?
Executors must uphold the Will and act reasonably, defending the estate if a claim is made.
How much does it cost to contest a Will?
Costs vary; legal fees may be ordered to be paid out of the estate. Free initial chat and, in some cases, ‘no-win, no-fee’* arrangements are available.