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.
When a separated partner dies before property settlement: whether family law proceedings continue, Victorian estate and family provision claims, intestacy and time limits.
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.
A practical Victorian legal checklist for clearing a deceased estate, including executor authority, probate, belongings, valuables, documents, property, disputes, tax records and distribution risks.
A practical Victorian guide to challenging a will or estate after probate has been granted — family provision (TFM) claims, validity challenges, revocation of probate, caveats, distribution risks and the strict six-month time limit.
How settlement offers work in Victorian estate disputes: choosing between a Calderbank offer and a formal offer of compromise under Order 26, the requirements each must meet, how the Court approaches the costs discretion, and how to draft and evaluate an offer.
The applicant's chronological guide to a family provision (TFM) claim under Part IV of the Administration and Probate Act 1958 (Vic) — assessment, preserving your position, the six-month period, evidence, commencing in the right court, Practice Note SC CL 7 procedure, mediation, settlement and trial.
A practical guide to superannuation estate planning risks for blended families and second relationships — spouses, adult children, death benefit nominations and SMSFs.
A practical guide to superannuation death benefit disputes — invalid nominations, trustee decisions, eligible beneficiaries, SMSFs, estate disputes and urgent steps.
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.
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.
What a Victorian beneficiary is entitled to know, see and receive during estate administration, what they cannot direct, and how to escalate when an executor is not responding.
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.
Capacity, knowledge and approval, and undue influence are different Victorian will challenges. Compare the tests, burdens, evidence and remedies.
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.
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 should consider during the window, and the practical traps that catch family provision applicants out.
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.
A defence-focused guide for Victorian executors responding to a family provision claim — evidence, neutrality, procedure, mediation, costs, settlement and distribution.
How Victorian law deals with disputes between executors — joint authority, the grant versus the administration, interim protection of assets, Supreme Court directions, removal under section 34, costs and beneficiaries' options.
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.
The Victorian law of testamentary capacity: the complete Banks v Goodfellow test, evidence at instructions and execution, burden of proof, related validity grounds and probate procedure.
Many families assume that a person diagnosed with dementia cannot make a valid Will. In reality, the legal position is often more complex.
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.
