Wills Lawyers

Will Dispute Lawyers in Melbourne

Losing a loved one is never easy, and the grief can be compounded when disputes arise over the deceased’s will. These conflicts can tear families apart and lead to lengthy, expensive legal battles. When faced with a will dispute, it’s crucial to have experienced will dispute lawyers Melbourne on your side to protect your rights and interests.

Prompt Legal Services has a team of skilled will dispute solicitors who are dedicated to helping clients navigate the complex and emotionally charged process of contesting a will. Our lawyers for will disputes have extensive knowledge of the legal framework surrounding wills and estates, and can provide guidance and representation to ensure that your voice is heard and your claims are fairly considered.

How Our Will Dispute Solicitors Can Help?

How Our Will Dispute Solicitors Can Help?

  • The will was not properly executed or witnessed
  • The testator lacked mental capacity at the time the will was made
  • The will is fraudulent or forged
  • The will does not adequately provide for eligible family members or dependents

If you believe that you have grounds to contest a will, our will dispute solicitors can help you understand your legal options and develop a strategy to achieve your goals. We can assist with matters such as:

  • Advising on the merits of your claim and the likelihood of success
  • Gathering evidence to support your case, such as medical records or witness statements
  • Representing you in negotiations with the executor or other beneficiaries
  • Applying for a family provision order if you have been inadequately provided for in the will
  • Defending against challenges to the validity of the will if you are the executor or a beneficiary
  • Representing you in court proceedings if necessary

Our lawyers for will disputes understand that every case is unique, and we take a personalised approach to ensure that our advice and representation are tailored to your specific needs and circumstances.

Experienced Lawyers for Will Disputes

Will disputes can be complex and emotionally fraught, requiring a delicate balance of legal skills and sensitivity. Prompt Legal Services has some of the best solicitors for contesting a will in Melbourne, with years of experience handling a wide range of will dispute matters.

Our team includes accredited lawyers in wills and estates law, who have undergone rigorous training and assessment to demonstrate their skills in this area. This means that you can trust our will dispute lawyers Melbourne to provide the highest quality advice and representation, backed by a deep understanding of the legal and practical issues involved in contesting a will.

We have a proven track record of achieving successful outcomes for our clients, whether through negotiated settlements or court proceedings. Our will dispute solicitors are skilled advocates who can present your case persuasively and effectively, while also providing the emotional support and guidance you need during this challenging time.

Wills and Estate Lawyers in Melbourne

Managing an estate goes beyond just drafting a will—it’s about ensuring that your wishes are executed precisely and legally. Our Wills and Estate Lawyers in Melbourne provide a seamless experience in estate planning, offering more than just generic advice. We focus on tailored solutions that respect your wishes and the unique aspects of your estate.

With the complexities surrounding estate laws, many individuals overlook the potential pitfalls that can arise. It’s not just about who inherits your assets but also how they are managed and protected after you’re gone. This is where our team’s deep understanding of the local legal landscape comes into play. We help you navigate through the complexities, ensuring that your estate is managed in the most effective way possible.

Why Consider a Will?

Ensure your affairs are in order for the small price of a Will. Do not assume your estate will automatically pass to the people you want it to. A will is your voice after you pass, guiding your loved ones and ensuring that your assets are distributed according to your wishes. Without a will, you leave the distribution of your estate up to the laws of intestacy, which might not reflect your personal wishes.

The Importance of a Testamentary Trust

For more complex estates, a Testamentary trust may be more appropriate. This type of trust can provide greater control over the distribution of your assets, ensuring that your beneficiaries receive their inheritance in a manner that mitigates potential risks such as creditors or divorce settlements. You can create a testamentary trust that meets your needs and offers strong protection for your assets with the help of our Wills and Estate Lawyers in Melbourne.

Best Solicitors for Contesting a Will

When choosing lawyers for will disputes, it’s important to find a team that combines legal skills with a client-focused approach. Prompt Legal Services takes pride on providing personalised, compassionate service to every client we represent.

Our will dispute lawyers Melbourne take the time to listen to your story, understand your unique needs and concerns, and develop a tailored strategy to achieve your goals. We keep you informed and involved at every stage of the process, ensuring that you feel supported and empowered throughout.

We also understand that cost is a significant concern for many people considering contesting a will. That’s why we offer flexible fee arrangements, including no-win, no-fee options in some cases, to ensure that everyone can access the legal representation they need.

Our commitment to excellence and client satisfaction has earned us a reputation as some of the best solicitors for contesting a will in Melbourne. When you choose Prompt Legal Services, you can feel confident that you have a team of skilled, experienced will dispute solicitors on your side, fighting to protect your rights and interests.

Book an Appointment

If you are considering contesting a will, it’s important to seek legal advice as soon as possible. Time limits apply to making a claim, and the sooner you act, the better your chances of success.

Prompt Legal Services offers a free 30-minute consultation to discuss your case and provide initial guidance on your legal options.

FAQs

What is a will dispute?

A will dispute is a legal challenge to the validity or terms of a deceased person’s will. It can arise when someone believes that the will is invalid, unfair, or does not reflect the true wishes of the deceased.

Who can contest a will?

In Victoria, the following people are eligible to contest a will:

  • The spouse or domestic partner of the deceased
  • A child of the deceased (including adopted and step-children)
  • A former spouse or domestic partner who was receiving or entitled to receive maintenance from the deceased
  • A grandchild who was dependent on the deceased
  • A member of the deceased’s household who was dependent on the deceased
  • A person who had a registered caring relationship with the deceased

What are the grounds for contesting a will?

There are several grounds on which a will can be contested, including:

  • The will was not properly executed or witnessed
  • The testator lacked mental capacity at the time the will was made
  • The testator was unduly influenced or coerced into making the will
  • The will is fraudulent or forged
  • The will does not adequately provide for eligible family members or dependents
  • The will does not adequately provide for eligible family members or dependents

How long do I have to contest a will?

In Victoria, you must file a claim within six months of the grant of probate. However, it’s important to seek legal advice as soon as possible, as there may be other time limits that apply to your specific case.

How much does it cost to contest a will?

The cost of contesting a will varies depending on the complexity of the case and the legal fees charged by your will dispute solicitors. Prompt Legal Services offers flexible fee arrangements, including no-win, no-fee options in some cases, to ensure that everyone can access the legal representation they need.

What happens if a will is successfully contested?

If a will is successfully contested, the court may:

  • Declare the will invalid and distribute the estate according to the rules of intestacy
  • Vary the terms of the will to provide for eligible family members or dependents
  • Order that the estate pay the legal costs of the successful party

How can I avoid a will dispute? 

To minimise the risk of a will dispute, it’s important to:

  • Make a clear and legally valid will that reflects your true wishes
  • Consider the needs and expectations of eligible family members and dependents
  • Communicate your intentions to your loved ones and explain any unequal distributions
  • Review and update your will regularly to ensure it remains current and relevant
Free 30 minute consultation

Contact Us

We are pleased to announce that as of 1 July 2024, Prompt Legal Services and Gladstone Park Conveyancing have merged with Oakley Thompson & Co. This strategic move marks a new chapter in our endeavour to provide exceptional legal services for our clients.

X