Parke Lawyers

Practice area

Estate Litigation & TFM Claims.

Resources on contesting a Will, family provision (TFM) claims under Part IV of the Administration and Probate Act 1958 (Vic), and the negotiated alternatives that can resolve estate disputes.

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All articles in estate litigation & tfm claims.

Probate & Estates

What Happens if a Beneficiary Cannot Be Found in Victoria?

An executor who cannot locate or identify a beneficiary cannot simply distribute the estate as though that person did not exist. This Victorian guide explains the reasonable searches expected of an executor, how to document them, the limits of the presumption of death, when a Benjamin order or other Supreme Court directions are needed, and how retention, insurance, payment into court and unclaimed-money procedures actually differ.

19 min readReviewed by JIM PARKE, Lawyer & Chartered Accountant
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Estate Litigation

Calderbank Offers and Costs Strategy in Victorian Estate Litigation

A practical Victorian guide to Calderbank offers, offers of compromise and costs strategy in estate litigation — how a well-drafted 'without prejudice save as to costs' offer shifts costs risk in family provision, capacity and executor disputes, when the Court will order indemnity costs, and the drafting pitfalls that make an offer worthless.

28 min readReviewed by JIM PARKE, Lawyer & Chartered Accountant
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Probate & Estates

Estate Administration Delays and Executor Liability

A practical Australian guide for executors, administrators and beneficiaries on delays in estate administration — the executor's year, reasonable vs unreasonable delays, personal liability risks, beneficiary remedies, applications to remove or replace executors, and managing complex estates, litigation, taxation and overseas assets.

18 min readReviewed by JIM PARKE, Lawyer & Chartered Accountant
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Explore other practice areas.

Family Law45Wills & Estate Planning39Probate & Estate Administration50Powers of Attorney & Elder Law16Retirement Living & Aged Care Advice17Superannuation & SMSF Succession6Commercial & Business Law69Conveyancing & Property35Employment Law for Employers16Litigation & Dispute Resolution41Criminal & Traffic9