Disputes over wills and estates are increasingly common, often due to the rise of do-it-yourself will kits and the changing structure of Australian families. These disputes can be stressful and emotional, but with the right legal advice they can often be resolved without the need for a lengthy court battle.
At Parke Lawyers, our specialist will dispute lawyers provide strong and effective representation at mediations. Mediation gives everyone involved the chance to resolve matters fairly, without the added cost and delay of a court hearing.
Parke Lawyers resolves more than 95% of cases before a court hearing.
Parke Lawyers resolves more than 95% of cases before a court hearing.
Of course, some matters do proceed to a hearing. In those cases, our estate litigation team has a proven track record of achieving successful outcomes in the Supreme Court.
Common types of will disputes include:
- Family provision claims – where a close relative, partner or dependent has not been adequately provided for in a will
- Challenges to the validity of a will – for example, concerns about capacity, undue influence, or improper execution
- General claims against an estate – such as disputes about ownership of assets or debts owed
If you are a close relative, friend, or partner who has been left out of a will or feel you have been treated unfairly, you may be entitled to claim a share of the estate. Most cases settle at mediation — often with your legal costs paid by the estate.
Our experienced team will guide you through the process with sensitivity and determination, working to protect your rights while minimising stress and expense.
What are grounds to contest a will?
In Victoria, there are several legal grounds on which a will can be contested after someone has passed away. These include:
- Undue influence – where the deceased was pressured or influenced by others when making their will
- Lack of capacity – where the deceased did not have the mental capacity to properly understand the will at the time it was made
- Fraud or forgery – where the will was forged or fraudulently altered by another person
- Inadequate provision – where a close relative, partner, or dependent has not received what they believe is a fair share of the estate
It is important to act quickly, as strict time limits apply.
At Parke Lawyers, we offer obligation-free discussions to help you understand your rights and whether you have a valid claim.
