Will & Estate Disputes
We provide dedicated legal advice for Victorian’s navigating contested Wills, Family Provision Claims and Estate Disputes.
When it comes to the death of a loved one, Estate Disputes often become highly emotional and involve sensitive, complex and layered family dynamics and relationships.
We support clients navigating the litigation process with clarity and a genuine commitment to the client experience, during what is often one of the most challenging times of our clients’ lives.
How we can help
i. Contested Wills
A Will can be challenged on a number of grounds, the most common occur if the deceased lacked testamentary capacity, was subject to undue influence or duress, or if the Will maker did not have knowledge and approval of the contents of their Will at the time they signed it. We advise clients on the merits of a claim, the steps involved and the range of possible outcomes.
ii. Family Provision Claims
If you've been left out of a Will or inadequately provided for, you may be entitled to claim further provision from the estate. We help you understand where you stand and the options that may be available to you.
iii. General Estate Disputes
Other Estate Disputes include delays in distribution, questions over an executor's commission or conduct, disagreements about the interpretation of a Will, or matters requiring judicial direction such as Order 54 applications or VCAT proceedings. We help you understand your position and the options available to you, and work toward resolving things sensibly and efficiently.
How we approach Estate Disputes
Clarity when emotions run high
Estate disputes often surface at the worst possible time, amid grief and family tension. At Simmons Legal, we cut through the complexity to explain your position, your options and the likely outcomes in plain language.
Focused expertise, not general practice
Your matter is handled by someone who has worked in this space for over a decade with a deep understanding of the specific legislation, case law and Court processes that govern estate disputes in Victoria.
A practical and cost-effective approach
At Simmons Legal, we focus on resolving disputes efficiently, through negotiation or mediation where possible, and litigation where necessary. We always adopt a measured and pragmatic approach.
How we quote
Every Estate Dispute matter has a seperate fee arrangement. This is beacuse every Estate Dispute is unique.
We do not offer fixed fee services for estate dispute matters given the uncertainty, complexity and unpredicatable involvment of third parties in litigious proceedings.
Instead, we provide a fee estimate for each stage of the matter. If you would like to discuss your circumstances and receive a fee estimate, make a booking with Simmons Legal today.
Frequently Asked Questions
Estate Disputes
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Yes. A Will can be challenged in two main ways:
by objecting to the Will being admitted to Probate. Grounds of Objection are typically filed setting out the reasons for disputing the validity of the Will.
by making a claim for provision or further provision from an Estate. There are strict requierments on who can make a family provision claim, strengths and merits.
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Only eligible persons can bring a claim for further provision. These include:
spouses or domestic partners
children or stepchildren
dependants or members of the household
The court considers whether the deceased had a moral duty to provide for that person. But being eligible to bring a claim and demonstrating a moral duty is not enough for a Court to order further provision from an estate. You must also be able to demonstrate a financial need.
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A family provision claim is a court application seeking a greater share of the estate because the will did not make adequate provision.
The claim does not necessarily challenge the validity of the will. it seeks a distribution or greater share of the deceased person’s estate.
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A Will may be challanged on a number of grounds. Some include if:
the person lacked testamentary capacity
the person did not have knowledge and approval of the contents of their Will
there was undue influence or duress
legal requierments were not followed
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Yes. A claim must generally be made within 6 months from the date that a Grant of Representation is made.
The court may allow late applications in limited circumstances.
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Family provision claims in the Supreme Court of Victoria are managed through a specialised list known as the Testator’s Family Maintenance List. The County Court of Victoria also hears family provision claims, typically for smaller estates.
The Trusts, Equity and Probate List of the Supreme Court of Victoria is also responsible for managing Will & Estate dispute matters.
This FAQ is general legal information only based on Victorian law and Supreme Court processes. It is not legal advice. If you would like legal advice that is specific to your circumstances contact Simmons Legal today.
A 10-minute call is the start of every matter. No obligation, no charge, no pressure. Schedule a time that works for you to discuss your needs, how we can help and next steps.
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