Contested wills & estates

Wills and estate dispute lawyers in Melbourne

Mazzeo Lawyers provides strategic, practical advice in contested wills and estate disputes in Victoria. We act in challenges to the validity of a will, family provision claims, executor and administrator disputes, and disputes involving probate and the administration of estates.

Estate disputes often involve both legal and family considerations. We help you understand your position, the evidence that matters and the options available, with a focus on resolving disputes efficiently where possible and being properly prepared for court where necessary.

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When a will is challenged, provision from an estate is disputed or concerns arise about the administration of an estate, understanding your legal position comes first.

Mazzeo Lawyers acts for beneficiaries, executors, administrators and family members in contested estate matters in Victoria. Where possible, we work to resolve disputes through negotiation or mediation before court proceedings become necessary.

WILL VALIDITY

Contesting a will in Victoria

A will may be challenged where there are concerns about whether it is legally valid or whether it truly reflects the intentions of the person who made it. These disputes can involve testamentary capacity, undue influence, suspicious circumstances or issues with how the will was prepared or executed.

Challenging a will is different from making a family provision claim. A validity challenge concerns whether the will itself should stand, while a family provision claim concerns whether adequate provision has been made for an eligible person.

01

Testamentary capacity

Whether the will-maker understood the nature and effect of making a will at the relevant time.

02

Undue influence

Whether the will-maker was subjected to pressure or influence that may call into question whether the will reflected their true intentions.

03

Suspicious circumstances

Whether circumstances surrounding the preparation or execution of the will raise concerns about whether it reflects the will-maker’s intentions.

04

Evidence

Medical records, previous wills, correspondence, witness evidence and other documents may be relevant to determining what occurred.

05

Process

A challenge may involve obtaining and assessing evidence, negotiations between the parties and, where necessary, court proceedings.

ESTATE CLAIMS

Family provision claims

A family provision claim asks the court to order further provision from an estate for an eligible person. It does not challenge the validity of the will. The question is whether adequate provision has been made for the applicant’s proper maintenance and support. Eligibility is defined by Victorian legislation, and the outcome depends on the circumstances of the particular estate and the people involved. There is no automatic entitlement to further provision simply because someone is dissatisfied with what they received under a will. Mazzeo Lawyers acts for people seeking further provision and for executors and beneficiaries defending family provision claims.

Eligibility

Only certain people are eligible to make a family provision claim. Eligibility depends on the applicant’s relationship with the deceased and, for some categories, additional requirements under Victorian legislation.

What the court considers​

The court may consider the deceased’s will and intentions, the applicant’s relationship with the deceased, their financial needs and resources, the size and nature of the estate and the position of other beneficiaries.

The estate available

The size and nature of the estate are relevant to a family provision claim. Not every asset associated with the deceased will necessarily form part of the estate available for distribution.

Time limits​

A family provision claim generally needs to be made within six months of the grant of probate or letters of administration. The court may extend that period in some circumstances.

EXECUTOR DISPUTES

Executor and administrator disputes

Executors and administrators are responsible for collecting and managing estate assets, paying liabilities and distributing the estate to those entitled. Disputes can arise over delays, the management of estate assets, access to information or whether an estate is being administered properly. We advise beneficiaries and other interested parties raising concerns, as well as executors and administrators responding to disputes about the administration of an estate.

Delays in administering an estate

Issues can arise where an executor or administrator has not obtained a grant, or where the administration and distribution of the estate is taking an unreasonable amount of time.

Accounts and information

Beneficiaries may have concerns about how estate assets have been managed or may seek further information about the administration of the estate. Depending on the circumstances, steps may be available to obtain accounts, information or greater transparency about the administration of the estate.

Removal or replacement

In some circumstances, an application may be made to the Supreme Court for the removal or replacement of an executor or administrator. This may arise where there are serious concerns about the administration of the estate, including delay, conflicts of interest or the management of estate assets.

PROBATE DISPUTES

Probate and administration disputes

Not every estate dispute is about the terms of a will. Disputes can also arise about who is entitled to obtain probate or letters of administration, whether a grant should be made, or whether a grant that has already been made should be revoked.

Where a dispute arises before a grant is made, a caveat may prevent the Court from granting probate or administration while the issue is addressed. After a grant has been made, an application may be made to the Court to revoke it in appropriate circumstances.

Probate disputes can also involve questions about the interpretation of a will or which assets form part of an estate. Where property, business interests, trusts or other complex structures are involved, Mazzeo Lawyers draws on its broader experience in property, business and trust disputes to address the issues that may arise.

Wills & estate disputes

Frequently asked questions

Can I contest a will because I was left out of it?

Not on that basis alone. An eligible person may bring a family provision claim, but the court considers the whole picture, including need, the relationship and the estate, not only the omission.

In some circumstances, yes. If the will is shown to be invalid, for example, because of a lack of testamentary capacity, undue influence or improper execution, the Court may revoke the grant of probate. Separately, an eligible person may bring a family provision claim for further provision from the estate, generally within six months after the grant. Strict time limits and distribution risks apply, so prompt action is important.

A validity challenge argues the will should not stand, for example for lack of capacity or undue influence. A provision claim accepts the will but asks the court for further provision.

Strict time limits apply to estate claims in Victoria, and they differ by claim type. Where a grant has not yet been made, a caveat may protect your position. Seeking advice early keeps more options open.

Beneficiaries may require an executor to account for the administration. Where an executor has failed in their duties, the court can make orders about their conduct, including removal in serious cases.

It depends. Costs are at the court’s discretion. An unsuccessful claimant may have to pay their own costs, and sometimes the estate’s. Estate funds do not automatically cover every party’s costs.

Not necessarily. Many estate disputes are resolved through negotiation or mediation before proceedings are issued or at an early stage. Court is the path where agreement cannot be reached.

Contact Mazzeo Lawyers

Discuss a will or estate dispute

If you are considering a claim against an estate, defending one, or have concerns about how an estate is being administered, we would welcome the opportunity to discuss your circumstances. All enquiries are handled in strict confidence, and an initial conversation does not commit you to anything.

Our office is at Level 8, 256 Queen Street, Melbourne VIC 3000.

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Call 03 9670 5999