- Home >
- Legal Services >
- Wills & Estates > Estate & Trust Disputes and Litigation
Estate & Trust Disputes and Litigation
Conflicts about wills, estates and trusts can be stressful and can quickly become complex. We provide clear, strategic advice to help you understand your position, explore negotiated outcomes and, where necessary, pursue or defend estate and trust litigation in court.
Challenging and defending claims for further provision - Eligible individuals can bring claims for further provision from an estate where a will, or the laws of intestacy, do not adequately provide for their proper maintenance and support. We represent both claimants and executors/beneficiaries in family provision proceedings, advising on prospects, evidence and likely outcomes, and working to resolve matters through negotiation or mediation where possible.
Will validity disputes - Disputes may arise about whether a will is valid, including issues of capacity, undue influence, fraud, improper execution or uncertainty in the wording. We act in proceedings to challenge or defend the validity of wills, obtain directions from the court where construction issues arise, and seek practical solutions to ensure the deceased’s intentions are respected as far as possible.
Executor conduct and removal - Problems can occur where executors are not fulfilling their obligations, are unfit to act, are causing delay or financial loss, or no longer wish to continue in the role. We advise beneficiaries and co‑executors about their options, including seeking information, directions or, where appropriate, removal and replacement of an executor. We also assist executors in responding to allegations of mismanagement.
Trust and superannuation disputes - Trusts and superannuation can be central to modern estate planning and may become the focus of disputes after someone dies. We act in disputes about the operation of discretionary and other trusts, decisions of trustees, and the payment of superannuation death benefits where there is disagreement between potential beneficiaries. Our aim is to protect your interests while seeking efficient, cost‑effective resolutions.
FAQs: Common questions about challenging a will, estate disputes and litigation are answered below.
Frequently asked questions about estate and trust disputes
Can a will or deceased estate be disputed in Victoria?
Yes. A will or deceased estate can be disputed, for example where there are concerns about the will’s validity, where an eligible person has not been adequately provided for, or where there are issues with how the estate is being managed by the executor or administrator.
Who can contest a will in Victoria?
In Victoria, only certain eligible people can contest a will, such as a spouse or domestic partner, child or step‑child, and in some cases other close family members or dependants. Whether you are eligible depends on your relationship with the deceased and your individual circumstances.
What are the common reasons for contesting or challenging a will?
Common reasons include claims that a will is invalid due to lack of capacity, undue influence or improper signing, or that a will does not make adequate provision for an eligible person. Disputes can also arise over how assets are distributed, how the executor is performing their duties, or delays in administering the estate.
Is there a time limit for contesting a will in Victoria?
Yes. In most cases, a claim to contest a will in Victoria must be made within six months of the date probate is granted, although the court may allow late applications in limited circumstances.
What if I am concerned about how an executor or trustee is managing an estate or trust?
If you are a beneficiary or have an interest in an estate or trust, you can seek information and raise concerns about how it is being managed. In serious cases, the court can make orders to protect the estate or trust, which may include giving directions to, or in some situations removing or replacing, an executor or trustee.
Do all estate disputes in Victoria go to court?
No. Many estate and trust disputes are resolved through negotiation, mediation or other forms of alternative dispute resolution without a full court hearing. However, if agreement cannot be reached, court proceedings may be necessary to resolve the issues.
What should I do if I think I have a claim in relation to a will or estate?
If you think you may have a claim, you should seek legal advice as soon as possible, especially because strict time limits may apply in Victoria. Early advice from an experienced estate litigation lawyer can help you understand your rights, assess the strength of any claim and decide on the best way to proceed.