Defending a Will Against Challenges
Executors of estates sometimes face legal challenges — for example, disputes over the validity of the will, family provision claims, or arguments about how the will should be interpreted. This can be a stressful experience, particularly as executors are often close family members or trusted friends of the deceased.
The principal role of the executor is to uphold the terms of the will against challenge.
At Parke Lawyers, we are here to support you through this process. Recognised by Doyle’s Guide as one of Victoria’s leading law firms in Estates Litigation, we regularly act for both executors and beneficiaries in defending challenges to wills. Our experienced team will:
- Explain your rights and obligations in plain language
- Guide you through the legal processes involved
- Work with you to develop the best strategy to protect the estate and honour the wishes of the deceased
The primary responsibility of an executor is to uphold the terms of the will. However, in some cases it may be in everyone’s best interests to carefully assess the merits of a challenge. Estate litigation can be expensive, time-consuming, and stressful for beneficiaries. Unlike in the past, legal costs are not always paid from the estate — they may be awarded against the unsuccessful party, which makes early and sound advice essential.
At Parke Lawyers, we resolve the vast majority of will disputes at mediation, helping clients avoid the added costs and delays of a court hearing. When a matter cannot be resolved outside of court, our team has a strong record of achieving successful outcomes in litigation.
Our will dispute lawyers provide clear, impartial, and practical advice from the outset, so you can make informed decisions and move forward with confidence.
