Our Estate Disputes team is led by Stephanie Rendell. The team provide expert advice on contesting, challenging or defending a Will and other matters regarding the value of the estate.
Can I contest a Will?
In Victoria, it is possible to contest/challenge a Will in some cases. The requirements and time limits for making a claim depend on the reason why you dispute the Will. The most common reasons include where:
- the Will is not valid (for instance where the deceased did not have capacity to make the Will)
- The Deceased's estate fails to provide adequate provision for the proper maintenance and support of an eligible person and the deceased had a moral duty to provide such maintenance and support. These matters are known as Testator's Family Maintenance ("TFM") or Part IV matters.
How can we help you?
If someone close to you has passed away, you may have some concerns about how their estate will be managed and distributed. Peter Sgro and the RNG Lawyers disputes team can advise you if you are concerned that:
- the Will is not valid
- the Deceased did not have capacity to make a Will
- the Deceased was forced to sign a Will against their wishes
- the Will is confusing or not clear
- the Will leaves out important people, such as family
- the Will is not fair to someone, such as a spouse or a child
- the Executor is not acting properly
The team can assist you to make claim and protect your entitlements. We can represent you throughout the process including at mediation and Court.
We can also assist you if you have concerns about matters that occurred before the deceased passed away, such as the sale or gift of a property.
Our promise to you
We will:
- Listen to you and ask what you want to achieve
- Give you expert advice
- Be realistic about your options and chances for success
- Support you through a difficult and stressful process
- Provide a detailed cost estimate before incurring costs
