Estate & Will Disputes
We’ll Help You Challenge, Defend or Contest a Will
Our Deceased Estate Disputes team provide expert advice on challenging, defending and contesting a Will and other matters regarding the value of the estate. Our team is led by Adrian Riccioni, who has experience in a broad range of legal areas which gives him a strong understanding of each client's needs. Adrian is supported by Senior Associate Siew Goh and Associate Diana Lawrence.
Can I contest a Will?
In Victoria, it is possible to challenge/contest 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. The RNG Lawyers 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 of solicitors can assist you to make a claim and protect your entitlements. We can represent you throughout the will dispute resolution 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
Our will and estate dispute services
- Challenging a Will / Contesting a Will
- Defending a Will
- Disputes regarding legal capacity to make a Will (Did the deceased have capacity to make a Will?)
- Disputes regarding undue influence and duress (Was the deceased made to sign a will because of undue influence or duress?)
- Family Provision matters - Testator's Family Maintenance (TFM or "Part IV" Applications)
- Probate Disputes including the administration of the estate, executor's commission and excessive costs
- Other Will Disputes
- Claims against the deceased's former Attorney under an Enduring Power of Attorney
- Claims regarding the validity of gifts made during the deceased's life
Our estate dispute team offer a free 30 minute initial consultation. Please complete this form and one of our lawyers will be in contact with you.
Request a free 30 minute appointment
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How Can We Help You?
At RNG Lawyers, we’re committed to offering exceptional customer service to clients across Melbourne. Whether you would like to discuss contesting a Will, require assistance with estate planning, estate disputes, your new or existing business or if you are in need of other legal advice, please reach out to our friendly team.