Estate Disputes & Family Provision Lawyers Melbourne

Under the Administration and Probate Act 1958 (Vic), eligible persons include:

• The spouse or domestic partner at the time of the deceased's death
• Children, including adopted and stepchildren
• Individuals who believed the deceased was their parent and were treated as such
• Former spouses or domestic partners under certain conditions
• Grandchildren or members of the deceased's household who were dependent on the deceased

Estate disputes can be costly — here's what to budget for. Costs can include legal fees, court fees, and potential costs awarded to the other party if the claim is unsuccessful. Some firms offer no win, no fee arrangements, but it's essential to understand the terms fully.

Here's what the court actually looks at when deciding a family provision claim:

• The nature of the relationship between the applicant and the deceased
• The applicant's financial resources and needs
• Any physical, mental, or intellectual disabilities of the applicant
• The size and nature of the estate
• Competing claims from other beneficiaries

While not mandatory, engaging a lawyer experienced in wills and estates is highly recommended. They can provide guidance on eligibility, grounds for contesting, and represent you in court proceedings.

Outcomes may include:

• Provision of a larger share of the estate to the applicant
• Alteration of the distribution among beneficiaries
• Dismissal of the claim, leaving the original will intact

A TFM claim must be filed within six months from the date of the grant of probate or letters of administration. Extensions may be granted in certain circumstances, but prompt action is advisable.

Grounds include:

• The deceased had a moral duty to provide for the applicant
• The applicant was not adequately provided for in the will
• Factors such as the applicant's financial needs, relationship with the deceased, and any disabilities

Yes, if it's believed that the deceased lacked testamentary capacity due to mental health issues, the will's validity can be challenged. Evidence must show the deceased did not understand the implications of their will at the time of its creation.

To reduce the risk:

• Ensure the will is properly drafted and executed
• Clearly outline reasons for any unequal distributions
• Regularly update the will to reflect current intentions
• Consider including a no-contest clause, though its enforceability varies

To contest a will means to legally challenge its provisions, typically on the grounds that the deceased did not make adequate provision for certain individuals. In Victoria, this is known as a Testator's Family Maintenance (TFM) claim.