Challenges to Wills and Estates

Whether you are an executor who is faced with a challenge to the terms of the Will, or you are left out of a deceased’s Will and are seeking advice regarding your rights, eligibility and entitlements, our accredited specialists in our Wills and Estates team are able to provide you with commercial advice based on many years of experience, including in dealing with both the County and Supreme Courts.

This is a highly specialised area of law that requires attention to detail and compassion whilst gaining an in depth-knowledge and understanding of the family dynamic and relationship between the claimant and the deceased and how this may also impact upon the already named beneficiaries in a Will/Estate.

We also have experience in the Guardianship List of the Victorian Civil & Administrative Tribunal (VCAT) which deals with applications and contested disputes involving attorneys appointed under an Enduring Power of Attorney and Guardian matters where a person lacks decision making capacity.

Our Wills and Estates team can provide the following assistance:
  • Acting for plaintiff claimants in Part IV Administration and Probate Act challenges to the Will
  • Defending Part IV claims
  • Caveat proceedings to challenge the validity of a deceased’s Will
  • Applications for approvals of compromises that are required pursuant to Court rules
  • Removal of executor applications
  • Executor commission applications
  • Equitable claims based on promissory estoppel
  • Other equitable claims (e.g. resulting/constructive trusts)
  • Applications seeking executor accounting as to the administration of the estate
  • Applications at VCAT for administration and/or guardian orders
  • Applications at VCAT for administration accounts against an attorney
  • Applications at VCAT involving any matters relating to an enduring power of attorney

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