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SETTLE DISPUTES WITH A LEADING TEAM OF DECEASED ESTATE LAWYERS

If you need expert legal help in the areas of estate planning, will or estate disputes, we have the expertise to help you today!

EXPERIENCED DECEASED ESTATE LAWYERS IN MELBOURNE AND SYDNEY.

At Estate Lawyers, we specialise in helping clients get the resolution they are looking for when it comes to the estate of their recently deceased loved one. We are well acquainted with the legislative provisions and precedents relevant to this manner of dispute.

ESTATE DISPUTES

The legislation governing family provision claims in Victoria is the Administration and Probate Act 1958 (Act). There were significant amendments to the Act with respect to those people who are eligible to make a family provision claim. The amendments came into operation on 1 January 2015. Depending on the date of the deceased person’s death, different rules will apply.

1

Deceased Died Before 1 January 2015

Any person may apply to the Court for provision out of an Estate, if the deceased person had a responsibility to provide for their proper maintenance and support.

This includes spouses, former spouse, defacto partners, children, stepchildren, siblings, parents, grandchildren and so forth.

2

Deceased Died On or After 1 January 2015.

New legislation in Victorian narrowed the classes of individuals who can bring a family provision claim. If your relationship falls within one of the following categories, you may be able to challenge the Will:-

  • Spouse
  • Domestic Partner
  • Child (including adopted child)
  • Step child
  • Assumed child
  • Registered caring partner
  • Former Spouse (as at the date of death, must have been able to take proceedings under the Family Law Act but the deceased’s death prevented them from taking or finalising Family Law Act proceedings)
  • Member of the household (must have been wholly or partly dependent on the deceased for proper maintenance and support)
  • Grandchild (must have been wholly or partly dependent on the deceased for proper maintenance and support)
3

What is the time limit in making a claim?

A claim must be made within 6 months from the date of the grant of Probate or Letters of Administration.

GET IN CONTACT TODAY

Estate Lawyers have successfully acted for both estates resisting the challenges brought by litigants and for the litigants themselves who believe that the deceased did not make proper provision for them.

We would be happy to assist you as an executor/administrator in defending any claims brought against an estate or assist you in challenging an estate. We provide a free no-obligation assessment of your case.

We recommend that you book a free consultation with our experienced Estate Challenges Lawyers at Estate Lawyers Melbourne on (03) 9088 3185 or email us at [email protected].

10-things-you-should-know-before-disputing-a-will-guide-22092016

10 Things You Need to Know Before Disputing a Will

As Melbourne’s leading estate litigation lawyers, we often hear from our clients how difficult it is for them to consider disputing the will of someone that was once close to them. 

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