Will dispute lawyers in Warrnambool and South West Victoria
Left out of a Will, or left less than you expected? You may be able to contest it. Maddens Lawyers act for clients across Victoria on a no win, no fee basis*.
Time limits apply in Will disputes.
Generally, you have six months from the date probate is granted. Check where you stand with our free online claim checker. No obligation, no cost and completely confidential.
Start your free claim checkPrefer to talk? Call 1800 815 228 and ask for the Will disputes team.
Who can contest a Will in Victoria?
Only an eligible person under Part IV of the Administration and Probate Act 1958 can bring a family provision claim.
That generally means:
- A spouse or domestic partner
- A child, including an adult child, and in some circumstances a stepchild
- A former spouse, in limited circumstances
- Someone the deceased was living with or supporting
How do I contest a Will?
In five steps:
- 1
Speak to us to confirm you are an eligible person.
- 2
We obtain the Will and the details of the estate.
- 3
We will formally notify the executor of your claim.
- 4
The claim will most likely go to mediation where the majority of Will contest disputes are resolved.
- 5
If it doesn't settle at mediation, the Court will make a judgment.
Most claims are resolved within six to twelve months from the first call.
How long do I have to contest a Will?
Time limits apply in Will disputes.
Generally, you have six months from the date probate is granted. If the six months has passed, in some limited circumstances, you may still be able to make a claim but you should speak to us immediately as even one extra day can end any limited opportunity you may have.
The Court may, in some circumstances, allow a late application. You cannot claim against any part/s of the estate that has been distributed. If you are unsure about whether your time limits have lapsed, contact our office immediately and we will make a prompt assessment of your options.
What does the Court actually take into account?
Every Will dispute is different. The Court looks at the size of the estate, your financial position and what provision you need, your relationship with the deceased, and what they knew about your circumstances.
It also weighs the claims of everyone else who depends on the estate, and any contribution you made to building up the assets or caring for the person who died. Two people in similar positions can end up with very different outcomes.
What will it cost me?
Nothing upfront. We act on a no win, no fee basis* for contested estate claims.
Most claims settle at mediation rather than going to trial, however if your claim doesn’t resolve at mediation or by exchange of offers, the claim will progress to trial before a judge.
*Conditions apply. Ask our team how our no win, no fee arrangement works for your claim, or read about our legal costs.
Why bring an estate dispute to Maddens?
We understand that these matters can carry a heavy emotional burden. Maddens Lawyers are among the state’s most experienced firms in contested estates, working in this area of law for more than 75 years.
Our team deal with Will disputes regularly and understand the complexities of the legal process. Learn more about our Will disputes team here.
Not sure where you stand? Start with a free claim check, or call and ask for the Will disputes team.
Straight talk, real outcomes.
I was dealing with my late father’s estate and the decision to contest his will — something that carried a great deal of grief, confusion and emotion for me. I contacted them with only TWO DAYS remaining before the time limit expired. I will never forget how they handled those two days.Lexi&Leacontesting a parent’s will
Common questions about contesting a Will in Warrnambool
What is a family provision claim?
A claim that a Will didn't make adequate provision for your proper maintenance and support. In Victoria, they are also known as Testators Family Maintenance Claims.
Can a sibling or grandchild contest a Will in Victoria?
Often not. Siblings and grandchildren are only eligible if they were living with the deceased, being supported by the deceased, or fall within another listed category.
Can you contest a Will after probate has been granted?
Yes. The probate grant is when the six month application period begins. After six months, and once the estate has been distributed, you will not be able to contest the Will.
Can I contest a Will if I was left a small amount?
Yes. The question is whether the provision made for you was adequate, not simply whether you received something.
Can I contest a Will if there wasn't one?
Yes. If there was no Will, the estate will be distributed under a fixed statutory order, and an eligible person can still bring a claim.
What if I think the Will isn't valid?
If you believe a Will is not valid due to it being improperly signed, created under undue influence, altered or forged, or the testator did not have testamentary capacity, you can challenge it. Speak to us about your claim today.
Can you act for me if I live outside Warrnambool?
Yes. We act across Australia, and most of the process can be handled remotely.
Will dispute lawyers for Warrnambool and across Victoria.
Talk to an experienced Will dispute lawyer today
If you think you've been left out unfairly, it's worth finding out where you stand. Call our team on 1800 815 228, get in touch online, or use our free online claim checker.
Find out where you stand.
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