Wills and Estates
Though everyone has a right to create a Will, laying out their intentions for their assets, there are some instances where you may need to challenge a Will.
Challenging a Will can be a complicated act that comes at an emotional time. Our Gippsland lawyers use their expertise to guide you through the mediation of estate disputes, whether you’re lodging the dispute yourself or are an executor or administrator with a claim against you.
Are you eligible to lodge an estate dispute?
There is legislation in Victoria which permits certain people to challenge a Will. Part IV of the Administration & Probate Act 1958 (Vic) allows an eligible person to apply for a greater share of an estate than they would otherwise receive. This can be for many different reasons, which our experienced Estate lawyers can guide you through.
Before you can lodge a claim you must first find out whether you are eligible to challenge the Will and whether such a claim would be successful. After discussing your circumstances our lawyers can advise as to whether an application is appropriate given your situation.
Important factors in estate disputes:
A Part IV application must be submitted to the Court within six months from the date of Grant of Probate
The amount of work required to get the application off the ground is significant so you should seek advice quickly.
If you are the executor/administrator of an estate and claim has been made against you, we can assist you to defend that application and navigate the legislation.
How to avoid estate disputes when it comes to your own Will
When creating your own Will, you might be wary of somebody making a claim against your estate once you’ve passed. If so, talk to our Estate lawyers about some strategies to mitigate this risk.
This might include divesting your assets before you die in order to reduce the available asset pool thereafter. Steps like these could deter any claims, protecting your wishes and putting less strain on your executor.