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Wills & Estates

Estate Disputes

Help with estate disputes - whether you are pursuing action against an Estate or defending your position in the Estate.

Estate disputes are particularly emotive as they often involve conflict between family members or other close or historical relationships. It is our role to support you through this process and to achieve the best possible result for you in a timely manner.

Situations often arise where someone brings a claim for better provision from a deceased person’s estate – in other words, they contest the will. Such claims are also commonly referred to as “Part IV claims” or “Testator Family Maintenance claims”.

You may wish to contest a Will for any number of reasons including that you believe the Will is invalid or that the deceased had an obligation to provide for you and failed to adequately do so.

We have experience in all facets of these types of claims. We act for the person contesting the will, for the executor of the estate or for the people who would have received the benefit of the estate if it weren’t for the claim (beneficiaries or potential beneficiaries).

If you are in a situation where a will is being or should be contested, we can assist you, advise you and fight to achieve for you the best possible result.

Estate litigation does not need to be a spiteful battle and, where possible, we will try to resolve the dispute for you out of court. Court should be a place of last resort. Unfortunately, this is not always possible and where litigation cannot be avoided, our experienced litigators are on hand to put your best case forward.

How can we help you?

  • Advice and representation for executors, beneficiaries and claimants
  • Alternative dispute resolution
  • Deeds of Family Arrangement
  • Applications to remove executor
  • Executor delay
  • Contesting the validity of a will
  • Problems, queries or advice about a will
  • All aspects of Part IV / Testator Family Maintenance Claims (provision claims)
  • Probate caveat proceedings (bringing a caveat and defending)
  • Court representation

Our Estate Disputes Lawyers

Meghan Warren

Principal

Meghan Warren

Principal
LL.B GAICD
Meghan is one of the few lawyers in Australia admitted in the State (Victoria) and Federal jurisdictions of Australia, and as an Attorney at Law to the New York State Bar in the United States.

Rohani Bixler

Special Counsel

Rohani Bixler

Special Counsel
LL.B (HONS) BA (PSYCH)
Rohani holds a Bachelor of Arts (Psychology) and a Bachelor of Laws (Honours) from Monash University, and has practiced exclusively in the areas of estate planning, deceased estate administration and estate litigation and disputes since...

Shabitha Sumanathasa

Lawyer
Shabitha works in various other areas including litigation, family law and property law.
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