Will dispute lawyers Melbourne

Will dispute lawyers Melbourne

Protecting your rights and interests

When a loved one passes away, emotions run high, and disagreements over their estate can arise. If you believe you’ve been unfairly left out of a will, suspect undue influence, or are involved in an estate dispute, you don’t have to face it alone.

Whether you’re contesting a will, defending an estate, or seeking legal clarity, we provide expert guidance to help you navigate this complex area of law.

Common Reasons for Will Disputes

Disputes over wills and estates can happen for many reasons, including:

  • Being left out or unfairly provided for – If you were financially dependent on the deceased but were left out of the will or received less than expected, you may be able to make a claim.
  • Undue influence or lack of capacity – If you suspect the deceased was pressured into changing their will or lacked the mental capacity to make sound decisions, the will may be invalid.
  • Disputes between beneficiaries – Family members may disagree over the interpretation of a will or how assets should be distributed.
  • Executor misconduct – If an executor is not acting in the best interests of the estate, is delaying administration, or is not distributing assets fairly, legal action may be necessary.
  • The will is unclear or invalid – If a will was not properly signed, witnessed, or drafted, it may be challenged in court.

Our comprehensive and tailored will disputes and estate litigation service in Melbourne

We understand the emotional weight of estate disputes and take a compassionate yet strategic approach to resolve them efficiently and fairly.

Rabia Javed-May is based in Melbourne CBD. She can also meet you at your home or another preferred location to make the process easier for you.

Whether you’re bringing a claim, defending an estate, or seeking legal guidance, we can assist with:

  • Family provision claims – If you were left out of a will or received less than you believe is fair, we can help you make a claim for a greater share of the estate.

  • Challenging the validity of a will – If you suspect undue influence, fraud, or that the will-maker lacked mental capacity, we can help contest the will.

  • Executor and trustee disputes – If an executor is mismanaging the estate, withholding assets, or failing to act in beneficiaries’ best interests, we can take legal action.

  • Estate mediation and litigation – We strive to resolve disputes through negotiation and mediation but will advocate for you in court if needed.

  • Defending a will – If you’re an executor or beneficiary facing a challenge to a will, we provide legal representation to uphold the deceased’s wishes.

  • Superannuation and trust disputes – If there is a dispute over the distribution of superannuation or a family trust, we can guide you through the legal process.

Estate disputes can be legally and emotionally complex, but you don’t have to navigate them alone.

Our Process

Free 30-Minute
Call

We discuss your situation and assess whether you have a legal claim.

Legal
Assessment

We review the will, estate details, and any potential grounds for a dispute.

Negotiation &
Mediation

We attempt to resolve disputes through negotiation to avoid lengthy court battles.

Court Proceedings (if necessary)

If an agreement isn’t reached, we represent you in estate litigation.

Final
Resolution

We work toward a fair outcome that upholds legal rights and estate integrity.

rabia Javed-may

Strategic and resolution-focused for the best outcome

Our estate litigation services are ideal for:

  • Individuals left out of a will who believe they should have received an inheritance.
  • Family members questioning the validity of a will due to undue influence, fraud, or mental incapacity.
  • Beneficiaries involved in estate disputes over asset distribution.
  • Executors facing challenges to a will and needing legal defence.
  • Anyone involved in a trust or superannuation dispute seeking clarity and legal action.
quote mark

We thank Rabia for her approach and for handling our family’s affairs with respect and dignity. We truly appreciate Rabia’s help and professional handling of the case and for giving us peace of mind through the process.

– Rose

FAQs

In Victoria, you must be an eligible person under s.90 of the Administration and Probate Act 1958 (Vic). This category includes amongst others includes if you were a spouse, child, or financially dependent on the deceased. If you are an eligible person, you may have grounds to contest the will through a family provision claim.

Strict time limits apply, depending on the state or territory the estate is in. It’s best to seek legal advice as soon as possible to avoid missing important deadlines. In Victoria you have six months from the date a grant of probate or letters of administration was made by the Supreme Court of Victoria.

Many disputes are settled through negotiation or mediation, avoiding the need for court. However, if an agreement can’t be reached, a trial may be necessary.

If you believe the deceased was pressured into making changes to their will or did not have full mental capacity, we can investigate and take legal action to challenge the will’s validity. Time is of the essence in these instances so seek legal advice as soon as possible.

If an executor is delaying distributions, mismanaging estate assets, or acting dishonestly, we can help you take legal action to remove them or hold them accountable.

Book a free 30-minute call

We provide expert legal guidance to ensure your interests are protected and disputes are resolved fairly. Book a free call with Rabia to discuss your options.