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.
Frequently Asked Questions for an Estate Litigation Lawyer
When would I need an estate dispute specialist?
There are a few key reasons people seek legal advice in this area. One of the most common is making a family provision claim under the Succession Act if you believe you’ve been inadequately provided for in a will. Another reason might be contesting the validity of a will, which can arise due to concerns such as lack of testamentary capacity, undue influence, suspicious circumstances, fraud or forgery, or a failure to comply with legal formalities (such as improper witnessing).
You may also want to engage a lawyer to explore options for removing an executor who may not be fulfilling their duties, or if you’re seeking greater transparency through estate accounting. If you're unsure whether your concerns warrant legal action, you can book a free 15-minute consultation — we'll gather some basic information and assess whether we may be able to assist further.
Will I have to go to court?
While many estate disputes are initiated through court proceedings, most are resolved through negotiation, mediation, or informal settlement before reaching a final hearing. In fact, mediation is mandatory for certain types of claims in some jurisdictions — for example, family provision claims in New South Wales. If your matter does proceed to trial, your estate litigation lawyer will guide you through every step, including gathering evidence and preparing for any required appearances in court.
What do I need to consider before instructing an estate litigation lawyer?
Wills and estate disputes can be emotionally challenging, particularly when they involve family members. It's important to consider the potential impact on personal relationships as well as the financial and legal implications of proceeding. Your lawyer will help you assess the strength of your position and outline the risks involved, but it's essential to understand that outcomes can't be guaranteed, as these matters ultimately depend on court's discretion and available evidence. Read Less
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