Estate Dispute Lawyers in Melbourne

Strong, sensitive advice when a will or an estate leads to conflict.

Disputes over a deceased estate are often painful. They usually involve family members, they surface at a time of grief, and they can strain relationships that matter. They also have a practical and commercial side that has to be managed carefully. Hendersons Legal has extensive litigation experience and acts for clients on both sides of estate disputes, whether you are making a claim or defending one.

We give clear, honest advice about your position and your options. We work towards a fair outcome as quickly as the circumstances allow. Where a matter has to go to court, we are highly experienced in court representation and litigation. This page is part of our wider wills and estate lawyers Melbourne practice.

Family Provision Claims (Contesting a Will)

The most common estate dispute in Victoria is a family provision claim, also known as a Testator’s Family Maintenance claim. It is made by someone who has been left out of a will, or not left enough, and who believes the deceased should have provided for them.

To bring a claim, a person must be an “eligible person” under Victorian law. That includes a spouse or domestic partner, a former spouse or partner in some cases, a child or stepchild, and certain others who were dependent on the deceased, such as a member of the household or someone in a registered caring relationship. The court looks at whether the deceased had a responsibility to provide for the person and whether the provision they received is adequate for their proper maintenance and support, taking into account matters such as the size of the estate, the person’s financial position, and their relationship with the deceased.

Challenging the Validity of a Will

A family provision claim accepts that the will is valid but argues the provision is unfair. A validity challenge is different: it says the will itself should not stand. This might be because the person who made it did not have the mental capacity to do so, because they were pressured or unduly influenced, because the will was not signed or witnessed correctly, or because of suspected fraud or forgery. If a will is found to be invalid, an earlier valid will, or the intestacy rules, may apply instead. These matters turn heavily on evidence, and we can advise you on the strength of a challenge before you commit to it.

Defending a Will or a Claim

If you are an executor, part of your job is to uphold the will and defend the estate against claims that are not justified. That has to be balanced against the cost of litigation and the interests of the beneficiaries, and sometimes a sensible settlement is the better path. We advise executors on when to defend, when to negotiate, and how to protect themselves personally while carrying out their duties. We act for executors defending both family provision claims and challenges to the validity of a will.

Disputes Between Executors and Beneficiaries

Not every estate dispute is about a claim on the estate. Beneficiaries sometimes have concerns about how an executor is doing their job, for example delays in administering the estate, a lack of information, or decisions that appear to favour one person over another. On the other side, executors sometimes face unreasonable demands. We act for both executors and beneficiaries in these disputes, and we can advise on an executor’s duties, a beneficiary’s right to information, and, where necessary, applications to the court to resolve the deadlock or remove an executor.

How These Disputes Are Resolved

Most estate disputes settle without a trial. Many are resolved through negotiation or at a mediation, keeping costs down and giving the parties more control over the outcome. We prepare every matter thoroughly, advise you realistically about the likely range of outcomes, and push for a resolution that is fair and commercial. Where settlement is not possible, we are ready to run the matter through the courts.

Areas of Expertise

• Family provision (Testator’s Family Maintenance) claims for people left out of a will or not adequately provided for
• Defending family provision claims on behalf of executors and estates
• Challenges to the validity of a will, including capacity, undue influence and improper execution
• Advice for beneficiaries concerned about how an estate is being administered
• Advice for executors facing claims or complaints
• Disputes over the meaning of a will and over distributions from trusts, including discretionary trusts
• Applications to remove or replace an executor or trustee
• Negotiation, mediation and, where required, litigation of estate disputes

Why Choose Hendersons Legal

Estate disputes need a firm that can litigate hard when it has to and settle sensibly when that serves you better. We have both the litigation experience and the estates knowledge, under one roof, in Melbourne’s CBD. We are upfront about your prospects and your costs, and we handle these matters with the sensitivity they call for while keeping your interests firmly in view.

Frequently Asked Questions

How It Works

To get started, contact us by phone or complete our online enquiry form with a few details about the estate and your concern. Because time limits apply, we will look at your matter promptly, advise you on your position, and set out the options and likely costs before you decide how to proceed.