Practice area
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.
A practical guide to mediation in Victorian estate disputes — when it occurs, how court-ordered mediation works, preparing for mediation, settlement deeds, costs consequences and what executors, beneficiaries and claimants should know.
How legal costs are allocated in Victorian estate litigation — family provision claims, capacity disputes, undue influence, probate caveats, estate-funded costs, Calderbank offers and personal liability.
How undue influence and suspicious circumstances are proved in Victorian will disputes — the difference between pressure, persuasion and coercion, the role of solicitor file notes and medical evidence, probate caveats, costs risks and practical next steps.
How testamentary capacity is assessed in Victorian will disputes, the Banks v Goodfellow test, dementia and Alzheimer's considerations, medical and solicitor evidence, suspicious circumstances, and costs risks.
When and how to lodge a probate caveat in Victoria — valid grounds, the warning-off process, costs risks and how caveats interact with family provision claims and executor disputes.
When the six-month deadline runs from, when the Court will extend time, what executors must do during the window, and the practical traps that catch family provision applicants out.
How wills, testamentary trusts, life interests and superannuation nominations can help blended families balance the interests of a new spouse and children from earlier relationships.
When an executor is entitled to payment in Victoria — reimbursement of expenses, commission clauses, beneficiary agreement, court-approved commission, 'pains and trouble', and common disputes.
Who is eligible to bring a family provision claim under Part IV of the Administration and Probate Act 1958 (Vic), the factors a court weighs, time limits and practical considerations before commencing a claim.
How executors should respond when a family provision claim is made against a Victorian estate — gathering evidence, testamentary intentions, beneficiary circumstances, mediation, costs and common mistakes.
When beneficiaries can ask the Supreme Court of Victoria to remove or replace an executor — duties, the grounds that justify removal, the evidence required and the alternatives worth considering first.
How Victorian law handles deadlock between co-executors — disputes over assets, sale of property, distributions and litigation decisions, plus mediation, court intervention and practical ways to avoid disputes.
How beneficiaries can vary the distribution of an estate after death in Victoria — executor risks, duty and capital gains tax considerations, and when independent advice is essential.
