Such cases are difficult to prove because they usually require evidence that the person making the will (testator) can provide. If you have an executor in a conflict of interest or if you are not acting in the best interests of the beneficiaries, they may be revoked. The revocation procedure is an application to the court to apply for an order to appoint a director. Other court orders may be obtained regarding the sale or distribution of assets and the preparation of financial records, etc., in order to resolve the dispute between the beneficiaries and the executor. A will is a legal document and therefore should be created with a lot of thought and planning to minimize possible disputes between your immediate family and friends and to ensure that your property is divided according to your wishes after your death. There are a number of situations that can give you the right to contest a will. Estate planning is an important step in ensuring that your estate is well protected and that your will is unlikely to be the subject of litigation. Expert estate planning advice (including testamentary trusts) can resolve disputes or litigation after your death. We will do our best to find evidence to support your application that will help you get what you deserve. Your first consultation, where we determine if your case is strong enough, is free. If you decide that we are the right lawyers for the position, we will often work with you on a “no-win, no-cost” basis. While the law recognizes a person`s right to choose who will inherit their property, there are often very good reasons why a person should challenge a will. Whatever your reasons, Hentys Lawyers will represent you throughout the process and give you the information and answers you need.

Disputes are becoming more frequent, especially given the changing and complex nature of Australian families. But they don`t have to be a fight – someone close to you, who dies, is hard enough for everyone involved. It`s about working together for a fair result. If your claim is not settled in mediation, your estate lawyer will represent you in court. In Victoria, you have strictly 6 months from the date the estate is granted to contest a will. However, in certain exceptional cases, an extension of the time limit is granted. How often do you check your will? Does your will reflect your current situation? Having more children, getting divorced, remarrying or getting together are some of the changes in a person`s situation that can be addressed in their updated will. In individual cases, it is possible for stepchildren, grandchildren, ex-spouses and former common-law partners to request a challenge to a will.

These cases arise from situations of elder abuse, and the success of such claims can be difficult, but not impossible, and in such cases there are out-of-court settlements. Careful consideration of these cases is necessary to successfully and evaluate the claim of a probate and estate lawyer experienced in litigation in such testamentary disputes. Parke Lawyers is a quality law firm with a team of highly qualified and experienced specialists in wills and estates and litigation. Our team of experts can help you prepare wills, powers of attorney, testamentary disputes and estate administration. We are committed to the highest standards of ethics and integrity and to providing high quality and cost-effective legal services. Through many years of experience, we have earned a reputation as a leading law firm in Wills & Estates and as a law firm that delivers results. Whether or not you can contest a will from a deceased estate usually depends on how related you are to the deceased. Your probate lawyer will be able to advise you in more detail in this area, but in general, you may be able to challenge a will if you are the spouse of the deceased, de facto, the child (including the son-in-law) or the dependant. The laws surrounding testamentary disputes can be extremely complex.

They also vary considerably from state to state. Therefore, it is important to work with an expert who has cutting-edge knowledge and local experience. Hiring a lawyer to challenge a will in Melbourne could help you resolve a controversial will faster, with the result you feel is right. Timing is crucial in estate disputes. For a claim to be accepted, it must be filed BEFORE certain stages of the estate or before the estate is distributed, and there are other deadlines within which you cannot apply after a certain period of time. Our experienced will and trusted lawyers in Melbourne`s Central Business DISTRICT hear great concerns from beneficiaries about the management of estates and deceased trusts. This extends to accountability and the details to be provided by executors and trustees. .