Estate Disputes

If you are a beneficiary of an estate (either under the terms of the Will, or under the laws of intestacy) and you feel that you have not been adequately provided for in the estate, you can seek legal advice and make a claim for further provision from the estate. 

To do so, there are a few criteria that need to be met:

1. There needs to be an estate (you can't ask for more from an empty cup);
   
2. You need to be an eligible person (you can't be a stranger to the deceased and need to have had some connection and expectation from them);
   
3. In Victoria, a claim must be brought within six (6) months from the date of the Grant of Representation being obtained by the Executor/Administrator;
   
4. You need to be able to demonstrate your financial circumstances and your needs from the estate, your relationship to the deceased, and the reasons for the deceased's moral duty to have provided for you in their estate. 

Not every claim made ends up in Court - the reality is that the costs of Court proceedings are very high, and all parties must do their best to resolve the issues in dispute outside of the Court. This is achieved via mediation and conferences, where the legal representatives for each party put their case forward and try to find a middle ground. 

If you believe that you have not been provided for adequately in an estate, contact us now to discuss your situation and receive advice about your next steps. 

If you are a beneficiary of an estate, where the Executor or Administrator is: 

1. Not communicating with you or providing you with updates as to the estate administration;
   
2. Causing undue delay in the estate administration;
   
3. Have not taken steps to obtain a Grant of Representation for no clear reason;
   
4. Mis-appropriating estate funds or acting fraudulently;
   
5. Is outside of the state of Victoria for more than two (2) years; or
   
6. Is unfit or incapable of being the Executor/Administrator of the estate, 

then you should seek legal advice about how to best act to protect the estate and your entitlements. Call us today for a free, no obligation discussion to see if we can help you. 

If you do not believe that the deceased's last Will was in fact their last Will, or you have concerns regarding the validity or legitimacy of their last Will, please contact our office for a consultation. 

It is unlawful to conceal a Will, so if you think someone is hiding a Will from the Executor or beneficiaries, please seek legal advice. 

If the deceased made a Will close to their date of death, or during a time of their life where you recall them being unwell or losing cognitive ability, we strongly recommend that you seek legal advice from lawyers experienced in this area of law. 

The deceased needs to have had testamentary capacity when they made their Will. If this is an issue for you and your family, please contact our office to discuss the next steps available to you. 

If you are an Executor or Administrator of an estate, and you are unsure about the processes involved in the estate administration, or if the Will or trust deed is unclear about your obligations, we strongly recommend you seek legal advice. 

Executors and Administrators have duties towards the beneficiaries of the estate, and the Supreme Court is able to provide judicial guidance and direction if things get messy. This can be useful where there are issues in a trust deed, for example, and the Court's involvement is necessary to complete the estate administration. 

Spirit Legal offers an estate administration service to Executors and Administrators, and we welcome you to contact us to discuss how we can help you.