Our experienced lawyers can assist you with disputes relating to Wills, estates, family trusts and superannuation. This includes contesting a Will yourself, or representing executors or beneficiaries of a Will that is being contested by someone else.
We help those who have been unfairly treated and assist others to protect their inheritances from a challenge. We support those who require an advocate – especially the elderly and persons lacking capacity.
It is our aim to resolve disputes cost effectively but we are always prepared to pursue matters with vigour where litigation is warranted.
Our Services Include
- Challenging a will you have been left out of
- Assisting executors defend challenges to a will
- Family trust disputes
- Superannuation death benefit disputes
- Protecting the elderly when financial attorneys misbehave.
- VCAT and Supreme Court appearances
Frequently Asked Questions
Who can contest my Will?
As a part of our premium service, we often advise clients on who can contest their Will and make a claim for a greater share of their estate.
In 2015, Victoria introduced changes that narrowed the class of persons who can claim against an estate. This welcome change made it more difficult for distant family members (such as nieces and nephews) and others (such as “friendly” neighbors) to contest.
But many people remain concerned about the possibility of a claim by partners and step-children.
When making a Will, it is important to understand the risks of a challenge and the potentially significant costs of defending any Will challenge. There are usually strategies that can be adopted to reduce these risks.
Wills and Wealth’s experienced team can assist you to avoid disputes.
If you are an executor or beneficiary involved in a dispute, our experienced litigation team can act for you to help get the best result.
Why are so many families fighting over family trusts?
It is common to read news stories about families fighting over family trusts.
We are often asked to help avoid or resolve these types of disputes.
In many cases, problems arise because people are unaware that assets held by a family trust do not form part of their estate and are not dealt with by their Will.
If you have a family trust, you need to carefully consider who you would like to control the trust in the event of your death. One reason this is important is that the person(s) who control the trust may be able to distribute all the assets to themselves – to the exclusion of other beneficiaries.
Implementing a robust succession plan is vital.
This succession plan should also address who takes control of your trust in the event you are living but have lost capacity to make financial decisions.
Wills and Wealth’s experienced lawyers can help you with your family trust succession plan to help prevent your family trust becoming a family fight.