Estate Dispute Lawyers in Melbourne

Clear advice when a will or estate causes concern

Estate disputes can arise when someone questions a will, believes they have not been adequately provided for, or is concerned about how an executor is managing an estate.

These matters often involve grief, family relationships, financial pressure and uncertainty about what can be done. McDonald Legal assists Melbourne clients to understand their position, assess the available options and take the next appropriate step.

Estate Disputes McDonald Legal Assists With

Concerns About the Validity of a Will

A will may be challenged where there are genuine concerns about how it was prepared or signed.

This may include questions about:

whether the person had capacity to make the will
whether the document was signed and witnessed correctly
whether the person understood and approved its contents
whether undue influence, pressure or fraud may have been involved
whether a later will exists
whether the document contains an error or unclear provision

A disagreement with the outcome of a will does not, by itself, make the will invalid. The concern must be considered against the relevant legal principles and available evidence.

McDonald Legal can review the will, surrounding circumstances and supporting documents to help determine whether further action may be appropriate.

Executor and Estate Administration Disputes

Executors are responsible for collecting estate assets, dealing with liabilities and administering the estate according to the will and applicable law.

Concerns may arise where an executor:

provides little or no information
causes an unexplained delay
does not follow the terms of the will
appears to have a conflict of interest
deals with estate assets inappropriately
refuses to address a legitimate beneficiary concern
is unable or unwilling to carry out the role

The Supreme Court of Victoria can make orders concerning the validity of a will, the appointment of an executor or administrator and the administration of a deceased estate.

Not every delay or disagreement means the executor has acted improperly. Legal advice can help clarify what information may reasonably be requested and whether formal action should be considered.

Disputes About the Meaning of a Will

A will may contain wording that is unclear, inconsistent or difficult to apply.

Questions may arise about:

which person or asset a clause refers to
whether a gift has failed
how competing provisions should be interpreted
what happens when a beneficiary dies
whether an amendment is effective
how the remaining estate should be divided

McDonald Legal can advise executors and beneficiaries about the meaning and effect of the document and whether court directions or other steps may be needed.

Defending an Estate Claim

Executors and beneficiaries may need advice when another person challenges a will or brings a claim against the estate.

McDonald Legal can assist with:

assessing the claim
responding to correspondence
gathering relevant documents
considering the effect on the estate and beneficiaries
participating in negotiation or mediation
defending proceedings where required

An executor must remain conscious of their responsibilities to the estate rather than treating the dispute as a personal disagreement.

Family Provision Claims

A family provision claim may arise where an eligible person believes that a deceased person did not make adequate provision for their proper maintenance and support.

Eligibility and the strength of a potential claim depend on the relationship with the deceased and the broader circumstances. Relevant considerations may include financial needs, dependency, the size of the estate, the nature of the relationship and the interests of other beneficiaries.

Family provision proceedings in Victoria are managed in the Supreme Court under Part IV of the Administration and Probate Act 1958.

Strict time limits can apply. Advice should be obtained promptly rather than waiting until the estate has been distributed.

When Should You Seek Estate Dispute Advice?

It may be appropriate to speak with an estate dispute lawyer if:

you believe a will may not be valid
you have been left out of a will or received less than expected
you are concerned that adequate provision was not made for you
the executor is not providing information
administration of the estate appears to be taking too long
estate property is being sold or dealt with unexpectedly
beneficiaries disagree about the meaning of the will
you have received a letter or court documents concerning a claim
you are an executor unsure how to respond to a dispute

Early advice can help identify deadlines, preserve relevant evidence and prevent positions from becoming more difficult to resolve.

What to Expect When You Contact McDonald Legal

Explain the concern

You can explain what has happened, your relationship with the deceased, what the will provides and why you are seeking advice.

Review the relevant information

McDonald Legal can review the will, probate records, correspondence and other material relevant to the dispute.

Understand your options

The firm can explain the possible next steps, important timing issues and the practical considerations involved in pursuing or responding to a claim.

Decide how to proceed

You can then decide whether the matter should move to further investigation, negotiation, mediation or formal proceedings.

Estate Disputes Are Different From Estate Planning

Estate disputes concern a will or estate after a person has died.

If you want to make a will, appoint an enduring attorney or review your own future arrangements, McDonald Legal’s estate planning services are the more appropriate starting point.

Speak With McDonald Legal About an Estate Dispute

McDonald Legal assists beneficiaries, executors and other people involved in disputes concerning wills and deceased estates.

The firm offers a free thirty-minute consultation so you can explain the issue, understand what information may be relevant and consider the next appropriate step.

What to Bring to the First Consultation

Where available, bring:

a copy of the current will
any earlier wills
probate or letters of administration documents
correspondence from the executor or other beneficiaries
letters from another lawyer
information about the estate’s assets
details of your relationship with the deceased
information about financial dependency or support
a timeline of relevant events
any court documents already received

Do not delay making contact because you do not have every document. McDonald Legal can help identify what information may be needed.

Frequently Asked Questions

Can a will be challenged simply because it seems unfair?

Not necessarily. Disappointment with a will does not automatically establish a legal basis for challenging its validity or bringing a family provision claim. The available options depend on matters such as the person’s relationship with the deceased, the circumstances in which the will was made and the provision made by the estate.

How long do I have to bring an estate claim?

Different time limits can apply to different types of claims. A testator’s family maintenance claim generally needs to be commenced within six months after probate or letters of administration are granted.

Because deadlines and exceptions can be legally significant, advice should be obtained as soon as a concern arises.

Can an executor be removed?

The Court may have power to remove or replace an executor in appropriate circumstances, but disagreement or frustration alone may not be sufficient. The executor’s conduct, ability to administer the estate, conflicts and the interests of the estate may all require consideration.

Can an estate dispute be resolved without going to court?

Many disputes are resolved through correspondence, negotiation or mediation. Whether this is appropriate depends on the nature of the claim, the available evidence, the positions of the parties and whether urgent court action is required.

Can McDonald Legal assist an executor who receives a claim?

Yes. McDonald Legal can advise executors about their responsibilities, assess the claim, assist with gathering information and represent the estate in negotiations, mediation or court proceedings where required.

How do I contact McDonald Legal about an estate dispute?

McDonald Legal offers a free thirty-minute consultation for people concerned about a will, executor, family provision claim or estate administration issue.

You can contact McDonald Legal through the website or call (03) 9070 1107 to arrange a consultation.

Get Clear Advice Early

Discuss your estate dispute with McDonald Legal and understand your options, deadlines and next steps.

McDonald Legal

Suite 19.01, Level 19 390 St Kilda Road Melbourne VIC 3004

Email

enquiries@mcdonaldlegal .com.au