Will & Estate Litigation

We can assist you with Victorian or New South Wales estates no matter where you are in the world.

ESTATE

If you have been left out of a parent’s will or if you have been removed from a will in circumstances which may be suspicious, you should seek urgent legal advice.

If you need to challenge a will, there are time frames which you must commence your challenge within. You can challenge the will by making an application for further provision from an estate, if you have been left without adequate provision and the testator has a duty or moral responsibility to provide for you.

You may also challenge a will before it is admitted to probate. This is done if the testator has changed or made their will and there is evidence of suspicious circumstances surrounding the making of the will. Suspicious circumstances include undue influence, lack of testamentary capacity and fraud. However, you must be able to make out a prima facie case otherwise you risk having costs awarded against you.

If you think that you need to lodge a caveat or make an application for further provision, please contact us and we will provide you with advice.

Once probate has been granted, an executor may not do their job properly. In extreme cases, an application can be made to have the executor removed from their role. This could be if an executor is failing to perform their duties and a substantial amount of time has passed. It could also be if an executor refuses to administer the estate or if the executor has committed fraud or misappropriated estate funds.

If you think an executor to a will, where you are a beneficiary, is not performing their duties correctly, please call us so that we can discuss the circumstances and see how we can help you.

Grant of Probate

Once the original will is located, and it is confirmed that you are the executor, the process of the application can begin. The funeral director will have made an application for a death certificate. It will be sent to you by post and will usually take anywhere between 2 and 8 weeks to arrive.

We will require an appointment to obtain your instructions. This appointment can be in person, by telephone or by video conference. We can verify your identity and work with you remotely.

Grant of Letters of Administration

his application is usually made where a person dies without a will. There are specific categories of person who are eligible to apply for a Grant of Letters of Administration. We can advise you who is eligible to make the application and we can assist you throughout the process.

Other Grants

There are many other Grants of Probate or Administration which can be applied for, depending on the circumstances. Please contact us for advise if you are unsure what type of Grant you need.