Contested Wills & Part IV
Contested Wills & Part IV Claims
Discreet, considered advice on estate disputes — contested wills, claims for further provision under Part IV of the Administration and Probate Act, and challenges to the validity of a will.
An overview
Estate disputes typically arise either where someone considers the deceased did not make adequate provision for them, or where the validity of the will itself is in question. We advise potential claimants, executors and beneficiaries on both kinds of dispute.
Services covered
- Part IV (testator family maintenance) claims for further provision from an estate.
- Defence of Part IV claims on behalf of executors and beneficiaries.
- Challenges to a will on grounds such as testamentary capacity or undue influence.
- Mediation, settlement negotiation and, where required, Supreme Court proceedings.
When to seek legal advice
- You believe a will fails to make adequate provision for you and you may be eligible to claim.
- You are an executor served with a Part IV claim against the estate.
- You have concerns about the circumstances in which a will was made.
Frequently asked questions
- Is there a time limit for Part IV claims in Victoria?
- Yes. A claim under Part IV of the Administration and Probate Act must generally be commenced within six months of the date of the grant of probate. Out-of-time applications require leave and are not guaranteed.
- Are these claims always litigated?
- No. The great majority of Part IV claims are resolved through negotiation or mediation, often without a contested hearing.
Related practice areas
Enquiries
Speak with the office.
Ringwood appointments by arrangement. Initial enquiries are dealt with promptly.
