If you’re involved in a will dispute or need advice on contesting wills, we are ready to assist.
Disputes over a deceased person’s estate can be stressful, especially when it involves family members or domestic partners. Legal issues such as family provision claims or undue influence can quickly escalate.
At Lido Lawyers, we specialise in handling will disputes and estate litigation in Melbourne. If you are seeking proper maintenance from a deceased estate or defending against claims, our experienced lawyers will guide you through the legal process.
Whether due to undue influence, testamentary capacity concerns, or lack of adequate provision for eligible persons, we take a practical approach to each case based on your situation.
Our wills and estates lawyers also provides comprehensive support, offering advice on wills, probate, and related legal matters.
With Lido Lawyers, you will work directly with our principal, Tim Lido, a seasoned will dispute lawyer in Melbourne. Tim has extensive experience in resolving will disputes and family provision claims, ensuring the best possible resolution.
If you need help with a will dispute or advice on your rights in a deceased estate, speak to Tim today to get your matter resolved by clicking the button below:
Improper execution occurs when a will does not meet the legal requirements necessary for it to be considered valid.
In Melbourne, the will maker must sign it in the presence of two witnesses, who must also sign. Any failure in these steps can invalidate the will, leading to disputes over the deceased person’s estate.
Common grounds for contesting a will based on improper execution include the absence of witnesses, improper signing, or non-compliance with statutory formalities.
We specialise in will disputes arising from improper execution. Our experienced will dispute lawyers provide expert legal advice to protect your rights. Contact us for help with estate disputes.
This occurs when the will maker, at the time of writing or amending the will, lacked the mental capacity to understand the effects of their decisions. Strong evidence, such as medical records, is necessary to prove the will maker’s incapacity.
Our team offers expert guidance in handling estate disputes based on mental incapacity. We thoroughly review all evidence to ensure the best outcome.
Contact us for legal advice on contesting a will where capacity is in question.
Undue influence, or coercion, occurs when a will maker is pressured into making decisions that do not reflect their true intentions.
This manipulation can be through threats, deceit, or abuse, leading to unfair estate distribution.
These tactics can unfairly sway the testator’s decisions, resulting in a will that benefits certain individuals at the expense of others.
Proving undue influence is challenging but crucial in contesting wills. Our team specialises in such cases, ensuring your rights are upheld.
Seek legal advice from our experienced lawyers to navigate estate litigation successfully.
If you are an eligible person—such as a spouse, child, or dependent—and feel that a will does not provide adequate provision for your maintenance, you can contest it.
Family provision claims consider the claimant’s financial needs, relationship with the deceased, and other estate obligations.
We can help with family provision claims. We ensure your rights are protected and that you receive fair support from the deceased person’s estate.
Contact us for expert advice on contesting wills based on inadequate provision.
Whether you are dealing with contesting or defending a will, or you are having a different matter that needs resolving, speak to us today by clicking the button below.
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We understand that navigating a will dispute can be a challenging and emotional journey. We pride ourselves on providing personalised and compassionate legal guidance tailored to your unique situation.
Our goal is to help you find the best resolution efficiently and effectively, helping you resolute the dispute.
We are committed to listening to your concerns, fighting for your rights, and ensuring that you achieve a favourable outcome. Our expertise and empathy will be with you throughout the process, making sure you feel supported and understood.
We invite you to book a free consultation with us to discuss your needs and explore the resolution to your will dispute matter.
Tim Lido
Principal Lawyer, Will Dispute Expert
To contest a will in Melbourne, you must first determine if you are an eligible person, such as a family member, spouse, domestic partner, or someone who relied on the deceased person for support.
Will dispute lawyers can help you navigate the legal grounds for contesting a will, such as lack of testamentary capacity, undue influence, or inadequate provision for family members.
Under the Administration and Probate Act, you may also file a family provision claim if you believe you have not been properly provided for.
It’s important to seek legal advice to ensure the best outcome in estate disputes and understand the process for filing court proceedings.
In Melbourne, an eligible person to contest a will typically includes immediate family members such as a spouse, former spouse, domestic partner, adult children, and stepchildren.
A registered caring partner or someone who lived in the deceased’s household, like a dependent, may also be eligible.
If you believe the will maker did not make adequate provision for your proper maintenance, you can make a family provision claim.
A will can be contested after the deceased person’s death if there are grounds such as lack of testamentary capacity, undue influence, or inadequate provision for surviving family members.
A family provision claim can also be made if the will does not meet the moral responsibility to provide for eligible persons. It’s essential to act quickly, as court proceedings for estate disputes are bound by strict time limits.
Yes, there is a strict time limit for contesting a will in Melbourne. Under the Administration and Probate Act, a family provision claim must typically be filed within six months of the date probate is granted.
It’s important to act within this time frame, as the court may refuse late applications unless exceptional circumstances exist. Consulting experienced will dispute lawyers early can ensure your claim is filed on time and help manage the legal costs involved in contesting wills.
The chances of successfully contesting a will depend on the circumstances of the case and the strength of the evidence. Courts will consider factors like the will maker’s testamentary capacity, any undue influence, and whether adequate provision was made for eligible family members.
A family provision claim is more likely to succeed if the claimant can demonstrate a financial need or that the deceased person had a moral obligation to provide for them.
Seeking legal advice from experienced will dispute lawyers can improve your chances of a successful outcome in estate litigation.
In a family provision application, the court will consider various factors, including the financial resources and needs of the applicant, their relationship with the deceased person, and the size of the deceased estate.
The court also looks at the obligations the will maker had toward the eligible person and whether adequate provision for their proper maintenance was made.
Other beneficiaries, the moral responsibility of the deceased, and any undue influence or disputes surrounding the will are also assessed. Working with will dispute lawyers ensures that all relevant evidence is presented for the best possible outcome in court proceedings.
Simply fill out the form below to book your free consultation with Tim. Please be as detailed as possible with your answers so that we can help you as best we can.
