Will Disputes

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.

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.

Why Choose Irvine Lawyers for Probate

Compassionate & Clear Advice: We explain the entire process in plain English so you always know what is happening.
Efficient & Timely: We prepare documents correctly to avoid unnecessary Court delays.
Fixed-Fee Probate Applications: For most standard Grant of Probate applications, we offer a fixed fee so you know the cost upfront.
Local Victorian Expertise: Deep experience with the Supreme Court of Victoria and local practices across Warrnambool, South Morang, and Melbourne.
Full Estate Support: We can help with just the probate application or provide full estate administration services.

How It Works: Our Simple 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.

Google Review

    
 
 
      Trustindex verifies that the original source of the review is Google. I can’t recommend Laurie highly enough.

We had a very urgent situation where a loan needed to settle within two days, and we desperately needed a solicitor to review guarantor loan documents to make settlement happen on time. Laurie stepped in immediately and was willing to help even outside of normal working hours, which made all the difference.

As a mortgage broker, I understand how critical timing and responsiveness are in these situations, and Laurie was not only incredibly professional but also genuinely lovely to deal with throughout the process.

Thanks to his help, everything was reviewed in time and the settlement went through smoothly. We’re extremely grateful and I’ll definitely be sending more clients his way.

Thank you again, Laurie!
  
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   JESSIE BOYCE 
 
 
 
 
     Trustindex verifies that the original source of the review is Google. They are always there to support with my family circumstances changing. I am grateful for the personal feel and professional service. Thank you Laurie.
  
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   natalieboughosn 
 
 
 
 
     Trustindex verifies that the original source of the review is Google. The best lawyer I have come across in years, very thorough, very informative and just an all round honest and genuine bloke
  
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   nadia costello 
 
 
 
 
     Trustindex verifies that the original source of the review is Google. Luary great service knowledge of the situation excellent
  
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   Charlie Scicluna 
 
 
 
 
     Trustindex verifies that the original source of the review is Google. Very good advice from Laurie.
  
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   Mark Russell

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.

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.