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Velocity Legal

Level 43, 80 Collins Street, North Tower, Melbourne VIC 3000

Level 10, 580 George Street, Sydney NSW 2000

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Estate Disputes and Will Challenges

Estate Disputes and Will Challenges

Disagreements about an estate or the terms of a will can arise at an already difficult time. When expectations differ or questions arise about estate administration, uncertainty can follow.

We help:

  • Clarify concerns relating to an estate or the terms of a will
  • Understand how estate disputes or will challenges may be addressed
  • Approach next steps with a clearer understanding of available option
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4.9
76 Google Reviews
Award Winning Law Firm – Top Specialist Firm & Top Boutique Firm (Australasian Lawyer)

First class advice, service, and communication. I have had the pleasure of working with Velocity Legal for many years across a range of challenging matters and they never fail to impress.

Grant F

Their meticulous attention to detail, unwavering professionalism and strategic approach have delivered an outstanding result. Their level of service is nothing short of impressive.

Jack C

From the initial consultation to the final resolution, they provided exceptional
service and achieved an outstanding result for our case.

Wan Li

We are an accounting firm that works closely with Velocity Legal on all our client's legal matters… Every client who works with their team is delighted and impressed by the clear advice, efficient communication, and seamless process.

Selina L

I highly recommend the team at Velocity Legal. They are extremely knowledgeable, professional, have an eye for detail and their work ethic is second to none.

Mark P

They provided so much support and guidance through the process and I felt like they genuinely cared about getting the right outcome for me. They obviously know their stuff but were able to explain things in a simple and clear way.

Natalie F

Approachable, honest, professional and transparent. An absolute pleasure to work with.

Bob W

4.9
76 Google Reviews
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We Understand What You Are Going Through

Estate disputes and will challenges can arise when questions emerge about how an estate has been distributed or how a will operates following a death. These situations can bring differing expectations or long-standing family dynamics into focus, which may affect relationships between beneficiaries or other interested parties.

You may be uncertain about whether a will reflects the deceased person’s intentions, concerned about how an estate is being administered, or questioning decisions that affect your interests. Working through these issues while dealing with the practical consequences of a death can add further complexity.

We understand the practical and personal considerations involved in estate disputes. We help you work through these issues with a clearer understanding of how matters may be addressed and what options may be available.

Our Services Include

  • Supporting family provision claims involving alleged inadequate provision under a will or intestacy
  • Advising on challenges to the validity of a will, including issues of capacity, undue influence, or execution
  • Addressing disputes arising from delays in probate or estate administration
  • Assisting with concerns about executor conduct, including removal or replacement where appropriate
  • Seeking accounts and transparency in relation to the administration of an estate
  • Providing advice on the interpretation of wills and the duties of executors or administrators

Our Difference

Accountability & Expertise

Every matter we handle comes with full accountability. You’ll deal directly with an expert – every time, no exceptions.

In Your Shoes

Understanding your unique circumstances and goals - so our advice is practical, personal, and never given in a vacuum.

Transparency & Communication

We speak your language. That means plain, clear advice - what’s happening, why it matters, and what comes next.

50+
Australian Based Team
4,000+
Matters Expertly Handled
10+
Awards & Industry Recognition

Our Process

  1. Book Meeting
    Fill in the contact form below or call our office to book an initial consult. You can choose between in-person or video conference.
  2. Get Advice

    You’ll discuss your situation in depth with a senior lawyer. This includes exploring your requirements, goals, and desired outcomes. You’ll walk away from this meeting with a clear understanding of the next steps.
  3. Achieve Outcomes

    Our legal team will work tirelessly to achieve your desired objectives. We work hard, communicate regularly, and pride ourselves on delivering results.
Book a Consult

Take the First Step Today

You don’t have to figure this out alone. Book an initial consult with our expert legal team and get clear answers about your situation.

  • Transparent quotes (no ‘bill shock’)
  • Rapid response
  • Award winning team
Andrew Henshaw
Managing Director
Award Winning Law Firm – Top Specialist Firm & Top Boutique Firm (Australasian Lawyer)

Our Directors

Managing Director

Andrew Henshaw

Director

Demian Walton

Director

Greg Thomas

Director

Jennifer Maher

Director

Jess Hill

Director

Rajan Verma

Director

Seamus Ryan

Director

Shannon Hilton

A Guide to Challenging a Will and Working With Will & Estate Dispute Lawyers

Disputes involving wills, inheritances, and estates can be very upsetting, particularly when they involve family members, beneficiaries, executors or people close to the deceased. Our dedicated contested wills and probate lawyers are experienced in providing sensitive and confidential advice and representation to assist you in pursuing an appropriate resolution.

You might need to engage a lawyer if you’re:

  • A beneficiary under the deceased’s will, and you have reason to believe that they did not have testamentary capacity when they made the will. If you believe you have not received adequate provision from the estate, including because you have been left out of the will or received less than you expected, and you are an eligible person under the Administration and Probate Act 1958 (Vic), you may be entitled to bring a family provision claim.
  • If you are an executor and a dispute arises regarding the validity of the will or the administration of the estate. 
  • A trustee or business partner with a relevant interest in estate assets, estate administration or related legal obligations.

At Velocity Legal, our estate litigation lawyers can help to clarify your rights and develop a strategy consistent with current Victorian estate law. Whether you believe you have not received adequate provision from the estate, or you have concerns about the validity of the will, there are important factors to consider before commencing a claim:

  • You should be aware of the financial implications if your challenge is unsuccessful. Our will dispute lawyers can advise you on your prospects of success and explain the options that are available to you.
  • Assess the impact your decision to bring an estate dispute 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 Court’s decision.

Is There a Time Limit to Challenge the Will in Melbourne?

For family provision claims in Victoria, an eligible person generally has six months from the date of the Grant of Probate or Letters of Administration to make an application. If you wish to bring a family provision claim after that six-month period, the Supreme Court will consider whether it is appropriate to allow the late claim. In making this decision, the Court will consider the reasons for the delay and any prejudice to beneficiaries. An extension application must also be made before the final distribution of the estate.

Different timeframes and procedures may apply if you are challenging the validity of a will, seeking to lodge a caveat before probate, or applying to revoke a grant after probate has issued. For this reason, you should seek legal advice as early as possible.

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 Administration and Probate Act 1958 (Vic). Another reason might be challenging the validity of a will, which can arise due to concerns such as lack of testamentary capacity, undue influence, suspicious circumstances, fraud, 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 contact us, and we'll gather some 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 family provision and estate litigation matters, the Court may make directions for the conduct of the proceeding, and many disputes resolve before a final hearing. 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. Read Less

Frequently Asked Questions
Is there a time limit to challenge a will in Victoria?
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In Victoria, time limits apply to certain types of estate claims, including family provision claims. These timeframes generally run from the grant of probate or letters of administration. In some circumstances, the court may consider late claims, depending on the reasons for delay and the impact on the estate.
Who can bring a claim against an estate or challenge a will?
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Only certain people are eligible to bring claims against an estate. Eligibility depends on factors such as the nature of the relationship with the deceased and the type of claim being made.
Can estate disputes be resolved without escalating conflict?
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In many cases, yes. Estate disputes often benefit from a structured and considered approach, particularly where ongoing family relationships are involved. Understanding the process and available options can help reduce unnecessary conflict.
What if I am unsure whether my situation involves an estate dispute or will challenge?
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Uncertainty is common in estate matters. If aspects of an estate or will are unclear, gaining clarity can help you understand your position and decide how best to approach the situation.

Take the First
Step Today

You don’t have to figure this out alone. Book an initial consult with our expert legal team and get clear answers about your situation.

  • Transparent quotes (no ‘bill shock’)
  • Rapid response
  • Award winning team
Book Consult
4.9
76 Google Reviews
Award Winning Law Firm – Top Specialist Firm & Top Boutique Firm (Australasian Lawyer)