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Finding out that a loved one’s will doesn’t adequately provide for you can be overwhelming, especially during an already difficult time. Whether you’ve been left out of a will, received insufficient provision, or believe the will doesn’t reflect the deceased’s true intentions, you have legal rights in Victoria.
Our experienced will dispute lawyers in Melbourne assist families in navigating contested wills and estate disputes, working to achieve fair outcomes that recognise the moral obligations owed to you.
Not everyone can challenge a will in Victoria. The Administration and Probate Act 1958 (VIC) limits who has legal standing to make a claim, ensuring only those with genuine connections or moral claims can contest estate distribution.
You may be eligible if you’re a spouse or domestic partner (married or de facto), a child (biological, adopted, or stepchild who was part of the family), a former spouse or partner who was receiving maintenance, a registered caring partner, a grandchild in certain circumstances, or someone the deceased had a responsibility to maintain.
Beyond eligibility, you must demonstrate that the deceased had a moral duty to provide for you and that the will has failed to make adequate provision for your proper maintenance and support, considering your financial circumstances and the estate’s size.
Victoria imposes a strict six-month time limit from the grant of probate to file family provision claims, making early legal advice essential to protect your rights.
We’re situated on Collins Street in Melbourne’s CBD, close to Southern Cross Station and Bourke Street Mall. Easily accessible by public transport and with nearby parking options, our central location makes it simple to meet with your lawyer in person when needed.
Suite 2, Level 4/410 Collins St, Melbourne, VIC, 3000
Monday-Friday, 8:30 am - 5:30 pm
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Determining whether you have grounds to contest a will is an important first step in deciding your next move. Our Melbourne will dispute lawyers can assess your situation and guide you with clear, relevant advice. There are several common reasons why a will may be contested.
The will doesn’t provide sufficient financial support for your ongoing needs despite the moral duty the deceased had to provide for you, leaving you facing hardship.
The deceased didn’t have the mental capacity to understand what they were doing when making the will, potentially due to dementia, serious illness, or cognitive impairment.
Someone pressured, manipulated, or unduly influenced the deceased into making provisions they wouldn’t have otherwise made, overriding their genuine wishes.
The will was forged, improperly signed, inadequately witnessed, or the deceased was deceived about its contents or legal effect.
If an agreement can’t be reached, we’ll prepare your case and represent you in the Supreme Court. We advocate firmly to ensure your rights are protected and that you receive a fair outcome under the law.
Throughout the process, we keep you informed, answer your questions, and provide clear guidance so you always know what to expect and what comes next.
Our Unique Fee Reduction Guarantee
If our service fails to meet the high standards we set, we’ll reduce our fees. We are the only Australian firm that backs our service with a written cost reduction promise, giving you total confidence in your claim.
In Victorian will disputes, the focus is on ensuring adequate provision based on the moral duty owed to you. Courts have broad discretion to adjust estate distribution according to individual circumstances.
Victorian courts take into account a range of considerations, including:
Our No Win No Fee comepnsation lawyers specialise in handling some of the most complex and challenging cases. With deep expertise in personal injury and compensation law, we understand the unique difficulties these claims present and know how to navigate them effectively.
Key benefits include:
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At GMP Law, we’re not just fighting for compensation – we’re fighting for your right to recover, rebuild, and reclaim your life after an injury. Read our medical negligence case studies:
Case Overview Our client presented to a vascular surgeon, seeking treatment of her varicose veins in her right leg. Following the
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Meet our dedicated team of estate dispute lawyers in Melbourne, supported by offices across Australia. We specialise in helping families navigate will disputes and achieve fair, practical outcomes.
Let our experienced will dispute lawyers in Melbourne guide and support you through every step of the process.
You must file family provision claims within six months from the grant of probate or letters of administration. This deadline is strict, though court extensions are possible in exceptional circumstances with good reasons for the delay.
Yes. Adult children can make a family provision claim if the deceased had a moral duty to provide for them and the will does not make adequate provision. While being financially independent does not automatically prevent a claim, it is one factor that courts may consider when deciding the outcome.
No, the majority settle through negotiation or mediation without proceeding to trial. Settlement often provides faster, less expensive, and more certain outcomes while preserving family relationships where possible.
In Victoria, the six-month time limit to contest a will runs from the grant of probate, rather than the date of death, which is the case in some other states. Victorian law also places special emphasis on the moral duty the deceased owed to eligible persons when assessing family provision claims.
Our Brisbane office is at: Suite 2, Level 4/410 Collins St, Melbourne, VIC, 3000
Situated on Collins Street in Melbourne’s CBD, our office is just a short walk from Southern Cross Station and Bourke Street Mall. The location is easily accessible by tram, train, or bus, with convenient nearby paid parking options for those driving.
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