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 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.
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.
A practical, step-by-step Victorian guide for eligible persons considering a family provision (TFM) claim under Part IV of the Administration and Probate Act 1958 (Vic) — eligibility, the six-month time limit, evidence, letter of claim, mediation, Supreme Court proceedings, costs and settlement.
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.
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.
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.
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.
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.
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.
