Free legal advice on Will Disputes and Probate Matters
ConTACT USOur Geelong Will Solicitors specialise in writing wills and litigation relating to contested wills and inheritance disputes. If you need legal advice or representation regarding a will or probate dispute contact our legal team for obligation-free advice by filling out the online form or calling the helpline.
If you are an executor who needs to defend a will or a beneficiary who wishes to challenge a will, it is important that you obtain independent legal advice on your rights and responsibilities. It is best to seek resolution of a dispute as soon as possible. Whilst most cases are successfully settled out of court, some cases do proceed to litigation in the Supreme Court of Victoria.
Time limits apply to estate lawsuits, therefore it is important that you do not delay in speaking with a specialist will solicitor.
Before an executor can deal with the deceased's estate, they must apply to the probate office of the Supreme Court of Victoria for 'probate of the Will'. If probate isn’t challenged, the executor upon receiving a grant of probate can administer the estate. This involves accounting for all assets and liabilities, obtaining property valuations where necessary, paying any debts, and distributing the assets according to directions in the will. If you require legal representation in a disputed probate matter contact our service today.
If a person dies without a will, then the intestacy rules apply. An application will need to be made to the Supreme Court for a Grant of Letters of Administration. The grant is usually made to the next of kin of the deceased. Disputes may arise when there is no will and next of kin disagree as to who should apply for a grant and how the inheritance should be distributed under statute law.
In situations where a person has been left out of a will, or the amount of inheritance they have been left is unreasonable, it may be possible to challenge the will. A successful challenge of the will may result in the Supreme Court of Victoria effectively re-writing the will and determining how much inheritance the beneficiaries are entitled to. This is a complex area of estate law and advice should be sought from an experienced specialist solicitor. Time limits apply in such cases, so seek advice immediately.
If you require advice from our Geelong Will Dispute Lawyers on any matters relating to contested probate, interpretation of wills, the rights and duties of executors, and contesting a will that is unfair, simply complete the online contact form. Our referral service is completely obligation-free.
Ask our solicitors about No Win No Fee legal representation. Legal representation is available in will challenge cases on a No Win No Fee basis. This means that if you do not win your case, you do not have to pay your solicitor's fees.
Call our free helpline or complete the contact form below for free legal advice. Please provide detail regarding what legal help you need.