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.
Testamentary capacity is the legal test for whether a person can make a valid Will. Learn how it is defined, assessed and challenged in Victoria.
Executors have significant authority when administering a deceased estate, but beneficiaries may have concerns about particular decisions. Learn how disputes are commonly approached in Victoria.
Beneficiaries often want to know what information they are entitled to receive during estate administration. Learn about beneficiary rights in Victoria.
Beneficiaries are often surprised to learn that executors may have authority to sell estate assets in certain circumstances. Learn how the process works in Victoria.
Not every disputed Will involves a lack of testamentary capacity. Learn the difference between undue influence and capacity challenges in Victoria.
When a Will is challenged on capacity grounds, medical evidence can be highly influential. Learn how medical records and expert opinions are considered in Victoria.
Many families assume that a person diagnosed with dementia cannot make a valid Will. In reality, the legal position is often more complex.
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.
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.
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.
